Pushpendra Kumar Gangwar vs State Of Up And 3 Others
2024 Latest Caselaw 37193 ALL

Allahabad High Court

Pushpendra Kumar Gangwar vs State Of Up And 3 Others on 12 November, 2024

Bench: Anjani Kumar Mishra, Jayant Banerji

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:177314-DB
 
Court No. - 3
 

 
Case :- WRIT - C No. - 37157 of 2024
 

 
Petitioner :- Pushpendra Kumar Gangwar
 
Respondent :- State Of Up And 3 Others
 
Counsel for Petitioner :- Ratish Kumar Singh
 
Counsel for Respondent :- C.S.C.
 

 
Hon'ble Anjani Kumar Mishra,J.
 

Hon'ble Jayant Banerji,J.

1. Heard learned counsel for the petitioner and learned Standing Counsel.

2. This petition has been filed seeking the following relief:-

"I. Issue a writ, order or direction in the nature of certiorari quashing the impugned order dated 18-10-2024 which is passed by respondent no.3 (S.D.M., Tilhar, District- Shahjahanpur)."

3. It appears from the record that proceedings under Section 125 Cr.P.C. was lodged by the respondent no.4 and her children against the petitioner, who was the husband, in which, application for maintenance came to be decided by a judgment and order dated 04.06.2019 passed by the Family Court/Additional District and Sessions Judge/Fast Track Court, Pilibhit.

4. The proceedings for recovery under challenge have been initiated for want of compliance of the aforesaid order of the Family Court granting maintenance.

5. The learned counsel for the petitioner states that a revision has been filed, which is still pending but no order has been passed.

6. Be that as it may, we are of the considered opinion, that no indulgence is called for in the present petition, where the order passed under Section 125 Cr.P.C., itself is under challenge by the petitioner before another Court, in which no interim order has been passed for staying the operation of the order passed in proceedings under Section 125 Cr.P.C.

7. This petition is wholly misconceived and, therefore, dismissed.

8. Let a copy of this order be sent by the Registrar Compliance along with the copy of the writ petition to the respondent no.4 as well as to the Executing Court, in which the order of the Family Court dated 04.06.2019 passed in Maintenance Case No.250 of 2018 is pending.

Order Date :- 12.11.2024

Mayank