Citation : 2024 Latest Caselaw 36677 ALL
Judgement Date : 7 November, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:174531 Court No. - 75 Case :- APPLICATION U/S 482 No. - 18388 of 2024 Applicant :- Amit Tiwari Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Pramod Kumar Srivastava,Rohit Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,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 preferred against the order dated 11.08.2023, passed by learned Additional Principal Judge, Family Court, Deoria in Maintenance Application No.677 of 2013 (Smt. Anju Tiwari and others Vs. Amit Tiwari), under Section 125 Cr.P.C., Police Station- Kotwali, District- Deoria.
3. After arguing at some length, learned counsel for the applicant submitted that the impugned judgment dated 11.08.2023 is an ex-parte judgment, whereby maintenance has been granted to the opposite party nos.2 to 4 and the applicant is willing to file an application under Section 126(2) Cr.P.C. before the Family Court concerned for recalling the said order and a direction may be made to decide his application expeditiously.
4. In view of aforesaid, it is directed that in case applicant files an application under Section 126(2) Cr.P.C. within two weeks from today against order dated 11.08.2023 in accordance with law, the same shall be considered and decided expeditiously in accordance with law by the Family Court concerned.
5. The application u/s 482 Cr.P.C. is disposed of with aforesaid observations.
Order Date :- 7.11.2024
SP/-
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