Raju vs State Of U.P. And 2 Others
2023 Latest Caselaw 4089 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- APPLICATION U/S 482 No. - 42103 of 2022
 

 
Applicant :- Raju
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Dinesh Kumar Pandey
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Mrs. Sadhna Rani (Thakur),J.

Heard learned counsel for applicant, learned AGA for the State and perused the record.

By means of this application the applicant seeks to invoke the inherent jurisdiction of this Court to get stayed the R.W./N.B.W. order dated 6.12.2021 issed by Princiapl Judge, Family Court, Room No.2, District Maharajganj in Case No.563 of 2018 and in Execution Application No.135 of 2020 under Section 128 Cr.P.C.

It is argued that vide judgment and order dated 19.12.2019 the wife and the minor daughter of the applicant were awarded maintenance to the tune of Rs.2,000/- + 1,500/- per month respectively from the date of judgment itself. According to the applicant he wants to deposit the amount but non-bailable warrants have been issued against him. The prayer is however made to stay these warrants.

Learned AGA has opposed the prayer.

It is admitted fact that since 19.12.2019 i.e. the order of awarding maintenance till today the applicant has not paid even a singly penny to his wife and minor daughter and when recovery warrants/non-bailable warrants were issued in the execution of this judgment dated 19.12.2019 he has approached this Court to get stayed these warrants. In my opinion, there is neither any merit in arguments of applicant side nor this is a Court to recall the recovery warrants or non-bailable warrants issued against applicant in execution of maintenance proceedings, the application has no merits hence the application is rejected.

Order Date :- 8.2.2023

Md Faisal