Allahabad High Court
Amit Pandey vs State Of U.P. And 2 Others on 6 January, 2021
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 76 Case :- APPLICATION U/S 482 No. - 28149 of 2018 Applicant :- Amit Pandey Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Krishnakant Gupta,Mohit Singh Counsel for Opposite Party :- G.A.,Arunesh Khare Hon'ble Dinesh Kumar Singh-I,J.
Heard Sri Mohit Singh, learned counsel for the applicant, Sri Arunesh Khare, learned counsel for the opposite party nos. 2 and 3 and Sri G.P. Singh, learned A.G.A. appearing for the State and perused the record.
This application under Section 482 Cr.P.C has been moved with a prayer to quash the exparte order dated 17.05.2018 passed by Principal Judge, Family Court, Ghaziabad in Complaint Case No. 372 of 2018 (Smt. Swati Pandey and another vs. Amit Pandey) under section 125 Cr.P.C., Police Station Muradnagar, District Ghaziabad and also a prayer is made to stay the proceedings in this case till the disposal of this application.
Submission made by the learned counsel for the applicant is that the order dated 17.5.2018 allowing the interim maintenance exparte in favour of opposite party nos. 2 and 3 for a sum of Rs.50,000/-, is erroneously passed on the same day when the application under section 125 Cr.P.C. was moved i.e. on 17.5.2018 because as per second proviso of section 125 Cr.P.C., the said application was required to be decided within a period of 60 days from the date of service of notice of the application on such person. If proceedings are allowed to continue that would amount to an abuse of process of court, therefore, the impugned order needs to be quashed.
Learned counsel for opposite party nos. 2 and 3 has admitted the said error in the impugned order and has prayed that he has no objection if the matter is remanded back for deciding the same afresh after hearing both the parties within a period of ten days.
In view of the above, the impugned order dated 17.05.2018 is set aside and the lower court is directed to decide this case afresh after hearing both the parties within a period of 15 days.
This application is, accordingly, disposed of.
Order Date :- 6.1.2021 AU