Sushil Kumar vs State Of U.P. And 2 Others
2024 Latest Caselaw 37908 ALL

Allahabad High Court

Sushil Kumar vs State Of U.P. And 2 Others on 18 November, 2024

Author: Raj Beer Singh

Bench: Raj Beer Singh

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:179661
 
Court No. - 75
 

 
Case :- APPLICATION U/S 482 No. - 31474 of 2024
 

 
Applicant :- Sushil Kumar
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Applicant :- Praveen Kumar Dubey
 
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 04.03.2024, passed by learned Additional Principal Judge, Family Court-Ist, Jaunpur, in Case No.2679 of 2022 (Renu Devi and another Vs. Sushil Kumar), under Section 128 Cr.P.C., Police Station- Sujanganj, District- Jaunpur, whereby recovery warrant has been issued against applicant.

3. Perusal of record shows that opposite party nos.2 & 3 were granted maintenance by the Additional Principal Judge, Family Court Ist, Jaunpur vide judgment and order dated 20.10.2022. It appears that as the maintenance amount was not paid, thus in proceedings under Section 128 Cr.P.C. the Court has issued recovery warrant for realisation of arrears of maintenance. There is nothing to show that the judgment and order dated 20.10.2022, by which maintenance was granted, has been challenged or set aside. In view of these facts, it can not be said that impugned order is suffering from any such material illegality or perversity so as to require any interference by this Court by invoking jurisdiction under Section 482 Cr.P.C.

4. Accordingly, the application under Section 482 Cr.P.C. is hereby dismissed.

Order Date :- 18.11.2024

SP/-