Munasir vs State Of U.P. And 2 Others
2023 Latest Caselaw 4333 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 67
 

 
Case :- APPLICATION U/S 482 No. - 1979 of 2023
 

 
Applicant :- Munasir
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Nitin Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Rahul Chaturvedi,J.

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

Learned counsel for the applicant is assailing the order dated 12.10.2022 passed by Additional Principal Judge, Family Court, Bijnor in Misc. Case No. 399 of 2021 titled as Najma and another vs. Munasir, under Section 128 Cr.P.C. by which recovery warrants were under the judicial scrutiny.

The contention raised by learned counsel for the applicant is that the aforesaid proceeding has already been decided on 10.11.2022 on merits by a detailed order passed by Additional Principal Judge, Family Court, Bijnor while deciding Misc. Case No. 801 of 2013 titled as Smt. Najma and others vs. Munasir, whereby the Court concerned has pleased to pass following order:-

"????

?????????? ??????? ???? ?? ??? ???? ????????? ???? ?-3 ???????? ???? 125 ?????????? ????????? ???? ???????? ???? ?? ???? 14-12-2011 ?? ????? ??? ?? ??????? ???? ???? ??? ??????? ??????? ?? ?????? ???? ???? ?? ?? ?? ?????????? ??????? ???? ?? ???? 10,000/- ????? (?? ???? ?????) ???????? ??? ??????? ????? ???????? ?? (???? ????? ???? ??) ???? 5,000/- ????? (???? ???? ?????) ??? 15,000/- ????? ???????? ??? ???? ????? ?????? ?? ???? ?? ???????? ??? ?? 10 ????? ?? ??? ????? ??? ????????? ???? ???????? ???? ?? ???? ?? ?????? ?? ???? 10-11-2022 ?? ?????????? ?? ???? 8,000/ ????? (?? ???? ?????) ???????? ??? ??????? ????? ???????? ?? ???? 4,000/???? (??? ???? ?????) ??? 12,000/- ????? ???????? ????? ?? ??? ??? ???????? ??? ?? 10 ????? ?? ??? ?????? ??????? ??? ???? ????????? ???? ?? ???????? ?????? ????? ???? ?????? 02-04-2021 ??? ?????? ???? ???????? ?? ???? ???????? 14-07-2022 ?? ??????? ??? ??????? ??????? ??? ???? ?? ?????? ?? ?????????? ?? ??? ???? ????????? ???? ???????? ??????? ??? ???? ???? ???????? 02-04-2021 ????????? ???? ???? ???"

From the aforesaid order, it is clear that while passing the final order, the Court concerned allowed Rs. 8,000+4,000/- to the opposite party nos. 2 and 3 from the date of application, i.e., 14.12.2011 to 10.11.2022 and thereafter from 10.11.2022 onward 10,000/-+5,000/-, thus the order dated 12.10.2022 stood merged in the final order.

To this extent, submission advanced by learned counsel for the applicant finds force. But now, when final order has been passed vide judgment dated 10.11.2022, he is not ready to abide by that order too.

It seems the unscrupulous applicant wants to play the tricks and game with the proceedings and hunting for the way from which he may sneak out. An offer was made to establish his bonafides, pay part of the outstanding sum to the tune of Rs. 6 lacks within 45 days. This offer was not accepted by the counsel for the applicant.

Invoking the jurisdiction under Section 482 Cr.P.C. is equitable jurisdiction and the applicant must approach with clean hands. The applicant seems to be more interested in playing tricks and as such the Court is also not interested to exercies the powers in favour of the applicant.

The present application is hereby dismissed.

The Principal Judge, Family Court shall ensure the execution of his order within a month from today.

Let the copy of this order be given to the learned A.G.A. within four days for communicating it to the concerned Principal Judge for its execution within a month from today.

Order Date :- 10.2.2023

Shiraz