Ashok Kumar Singh vs State Of U.P. And Another
2023 Latest Caselaw 25201 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:180065
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 31754 of 2023
 

 
Applicant :- Ashok Kumar Singh
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Amitabh Agarwal
 
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 as also perused the record.

2. This application under Section 482 Cr.P.C. has been filed to quash and set aside the judgment and order dated 15.05.2023 in Maintenance Case No.760 of 2016 (Smt.Shubhra Singh vs. Ashok Kumar Singh) under section 125 Cr.P.C., Police Station New Agra, District Agra, passed by Additional Principal Judge, Court No.2, Agra.

3. Learned counsel for the applicant submits that applicant is husband of opposite party no.2 and proceeding under section 125 Cr.P.C. was initiated by opposite party no.2 in the year 2016 which was decided by order dated 15.05.2023. The order passed by Additional Principal Judge, Agra is an ex-parte order and no notice was served to the applicant. Learned counsel for the applicant next submits that order passed by Additional Principal Judge dated 15.05.2023 is illegal and without support of any evidence and applicant was not given any opportunity to defend his case. Opposite party no.2 has initiated recovery proceeding against the applicant. Counsel for the applicant next submits that after getting knowledge that proceeding under section 125 Cr.P.C. has initiated against the applicant and ex-parte order has been passed, he moved application under section 126(2) Cr.P.C. to recall ex-parte order dated 15.05.2023. He next submits that recovery proceeding was initiated against the applicant and no order has been passed on the application of the applicant under section 126(2) Cr.P.C.

4. Learned AGA vehemently opposed the submission made by learned counsel for the applicant.

5. After considering the argument raised by both the parties, it is evident from the record that applicant was not heard and order dated 15.05.2023 is an ex-parte order and application of the applicant is pending for recall of the order dated 15.05.2023. In the interest of justice, it would be appropriate to direct the Additional Principal Judge, Agra, to decide the application of the applicant under section 125 (2) Cr.P.C. within a period of two months from the date of production of certified copy of this order. Till then, recovery proceeding against the applicant shall remain stayed.

6. Hence, the application u/s 482 Cr.P.C. stands disposed of.

Order Date :- 18.9.2023

SKD