Allahabad High Court
Santosh Ojha vs State Of U.P. And Another on 3 January, 2020
Author: Ali Zamin
Bench: Ali Zamin
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 86 Case :- APPLICATION U/S 482 No. - 48021 of 2019 Applicant :- Santosh Ojha Opposite Party :- State of U.P. and Another Counsel for Applicant :- S.M.Faraz I. Kazmi Counsel for Opposite Party :- G.A. Hon'ble Ali Zamin,J.
Learned A.G.A. has received notice on behalf of respondent No.1- State of U.P. Heard learned counsel for the applicant, learned A.G.A. and perused the record.
The application has been filed with a prayer to set aside the judgment and order dated 04.12.2017 in Case No.2026 of 2015 (Smt. Jaimala Ojha vs. Santosh Ojha) passed in an application under Section 125 Cr.P.C. by Principal Judge Family Court, Ballia and order dated 13.11.2019 in Case No.40 of 2018 passed in an application under Section 125 (3) Cr.P.C.by Principal Judge Family Court, Ballia and stay the effect and operation of the aforesaid orders.
Learned counsel for the applicant submits that opposite party No.2 is wife of the applicant and filed an application under Section 125 Cr.P.C. which was ex-parte decided on 4th December, 2017. Thereafter, she moved an application under Section 125 (3) Cr.P.C. which was registered as Case No.40 of 2019. Applicant after getting knowledge about the proceedings moved an application under section 126 (3) Cr.P.C.before the court concerned but without deciding the applicant's application under Sections 126 (2) Cr.P.C. Principle Judge Family Court, Ballia has decided the application under Section 125 (3) Cr.P.C and issued recovery warrants against the applicant on 13.11.2019. It has been further submitted that order dated 13.11.2019 passed on an application under Section 125 (3) Cr.P.C., has rendered, the application moved under section 126 (2) Cr.P.C. as infructuous.
Learned A.G.A. submits that since the application under Section 125 (3) Cr.P.C. has been decided therefore, a direction may be issued to the court concerned for deciding the application of the applicant moved under Section 126 (2) Cr.P.C.
In view of the submissions, matter requires consideration.
Let a notice be issued to opposite party No.2 returnable within a period of one month.
List thereafter on 07.02.2020 before the appropriate Bench.
Till then the operation of the aforesaid impugned order dated 13th November, 2019 will remain in abeyance.
Further, Principle Judge Family Court, Ballia is directed to dispose of the application of the applicant moved under Section 126 (2) Cr.P.C. expeditiously preferably within a period of three months.
Order Date :- 3.1.2020 Pr/-