Wahid vs State Of U.P. And 3 Others
2023 Latest Caselaw 25465 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:180414
 
Court No. - 89
 

 
Case :- APPLICATION U/S 482 No. - 29874 of 2023
 

 
Applicant :- Wahid
 
Opposite Party :- State Of U.P. And 3 Others
 
Counsel for Applicant :- Mazhar Ullah
 
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. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the impugned ex-parte judgment and order dated 22.11.2022 passed by learned Principal Judge Family Court, Rampur in Criminal Misc. No. 296 of 2021, Registration No. 294 of 2021 (Smt. Shabana and others vs. Wahit), under Section 125 Cr.P.C., Police Station, Kotwali, District- Rampur.

3. Counsel for the applicant submits that applicant has challenged the impugned ex-parte order dated 22.11.2022 by which the learned Principal Judge Family Court has allowed the application of opposite party nos. 2 to 4 filed under Section 125 Cr.P.C. and awarded maintenance to them. He further submits that this is an ex-parte order as no notice was served to the applicant. He next submits that without considering the objection of the applicant, learned Principal Judge Family Court has allowed the application of opposite party nos. 2 to 4.

4. Per contra, learned A.G.A. has submitted that this is an ex-parte order and applicant has remedy to file an application under Section 126(2) Cr.P.C. to recall the ex-parte order.

5. Considered the arguments of counsel for the parties and perused the entire record.

6. Section 126(2) Cr.P.C. provides that Magistrate may proceed to hear and determine the case ex parte and any order so made may be set aside for good cause shown on an application. Thus, applicant has remedy to approach learned Principal Judge Family Court, Rampur for setting-aside the impugned ex-parte order.

7. In view of the aforesaid, if applicant moves an application before learned Principal Judge Family Court, Rampur for setting aside the impugned ex-parte order dated 22.11.2022, the learned Principal Judge Family Court, Rampur shall decide the said application within a period of a month, from the date of production of a certified copy of this order.

8. With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of.

Order Date :- 19.9.2023

Aditya