Anupam Rai vs State Of U.P. Thru. Prin. Secy. ...
2023 Latest Caselaw 1234 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 2
 
Case :- WRIT - C No. - 172 of 2023
 
Petitioner :- Anupam Rai
 
Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Secrt. Lko. And Others
 
Counsel for Petitioner :- Arvind Kumar Tripathi,Krishna Dutt Tripathi
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Mrs. Sangeeta Chandra,J.

Hon'ble Manish Kumar,J.

1. Heard learned counsel for the petitioner and learned Standing Counsel for the State Respondents.

2. This petition has been filed with the following prayer:-

"i. A writ, order or direction in the nature of certiorari thereby quashing impugned recovery citation dated 06.12.2022 issued by Tehsildar, Tehsil-Jaisinghpur, District-Sultanpur for recovery of Rs. 5,70,000/- in connection of judgment and order dated 23.10.2019 (under challenge) passed by Principal Judge, Family Court, Sultanpur in Criminal Case No. 3663 of 2014 'Smt. Neelam Sharma And Another Vs. Anupam Rai" Under Section-125 Cr.P.C. alongwith all recovery proceedings as contained in Annexure No. 1 to this writ petition."

3. It is admitted by the learned counsel for the petitioner that the order dated 23.10.2019 has been passed under Section 125 Cr.P.C. against which the petitioner has already filed Criminal Revision No. 1696 of 2019, 'Anupam Rai Vs. State of U.P. & 2 Others', which is pending before this Court.

4. The relief as claimed in this petition cannot be granted as execution of order which has not been stayed by the Competent Court can always be carried out by the authorities.

5. This writ petition is dismissed.

Order Date :- 11.1.2023

Darpan Sharma