Manoj Kumar vs State Of U.P. And Anr.
2023 Latest Caselaw 2109 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 28
 

 
Case :- CRIMINAL REVISION No. - 599 of 2019
 

 
Revisionist :- Manoj Kumar
 
Opposite Party :- State Of U.P. And Anr.
 
Counsel for Revisionist :- Narendra Gupta
 
Counsel for Opposite Party :- Govt. Advocate,Amit Kumar Srivastava,Shradha Narayan
 

 
Hon'ble Mrs. Renu Agarwal,J.

(C.M.A No. 105769 of 2019)

Heard learned counsel for the applicant and learned A.G.A for the State.

As per office report dated 20.05.2019 notice issued to the opposite party No.2 has been personally served.

No one has put in appearance on behalf of opposite party No. 2, hence the Court proceed to hear the application.

By means of this application the applicant has prayed for stay on the operation and implemenation of the non-bailable warrant, recovery warrant and proceedings under Section 125(3) Cr.PC issued against the applicant/revisionist by the judgment and order dated 28.01.2017.

It is contended by the learned counsel for the applicant/ revisionist that family court concerned has issued recovery warrant along with proceedings under Section 82 Cr.P.C vide order dated 28.01.2019. The order of the Family Court is on record as Annexure A-1 to the affidavit filed in support of this application.

It transpires from the record that the learned Family Court had directed the revisionist to pay Rs. 3,500 per month vide order dated 28.01.2017. However the applicant/ revisionist had not paid any amount towards the maintenance of his wife.

In view of the above, it is provided that the applicant/ revisionist shall pay half of the total amount due to the opposite party No. 2 and on payment of half amount recovery of the rest of the amount shall remain stayed.

(Order on Criminal Revision)

List this matter after four weeks for hearing.

(Renu Agarwal,J.)

Order Date :- 19.1.2023

Nadeem