Mohd. Javed Sheikh vs State Of U.P. And 2 Others
2023 Latest Caselaw 27097 ALL

Citation : 2023 Latest Caselaw 27097 ALL
Judgement Date : 4 October, 2023

Allahabad High Court

Mohd. Javed Sheikh vs State Of U.P. And 2 Others on 4 October, 2023

Bench: Deepak Verma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:190422
 
Court No. - 89
 
Case :- APPLICATION U/S 482 No. - 36448 of 2023
 
Applicant :- Mohd. Javed Sheikh
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Mo. Saif,Qaisar Kamal Ansari
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Deepak Verma,J.

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

2. The present application under Section 482 Cr.P.C. has been filed for quashing the judgment and order dated 17.04.2023 passed by the Additional Principal Judge, Family Court Court no.3, Allahabad in Maintenance Case No.990 of 2018 (Asna Bano and Another Vs. Mohd. Javed Sheikh) under Section 125 Cr.P.C., as well as the order dated 10.07.2023 passed by the Additional Principal Judge, Family Court no. 3, Allahabad in Execution Case No.99 of 2023 under Section 128 Cr.P.C.

3. It is submitted by the learned counsel for the applicant that applicant has challenged the order dated 17.04.2023 by which the Additional Principal Judge, Family Court allowed the application of applicant under Section 125 Cr.P.C. and awarded Rs.3000/- as maintenance to opposite party no. 2 and Rs.3000/- to opposite party no 3 per month from the date of filing of application. It has been next submitted that applicant appeared and filed objection but thereafter could not appear in the proceedings and the trial court proceeded exparte and passed order without considering the objection of applicant. The order impugned is bad in the eye of law.

4. Matter requires consideration.

5. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

6. Issue notice to opposite party no.2 returnable at an early date.

7. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter.

8. List thereafter.

9. Till the next date of listing, consequential proceedings shall remain stayed if the applicant deposits arrears of maintenance amount from the date of order to opposite party nos. 2 and 3 within a period of one month. Thereafter pay regularly as per order passed on 17.04.2023. The order shall have no effect if the applicant fails to comply the order passed herein.

Order Date :- 4.10.2023

Meenu Singh