Supreme Court - Daily Orders
Praveen Kumar vs State Of U.P on 7 May, 2015
Bench: Fakkir Mohamed Ibrahim Kalifulla, Shiva Kirti Singh
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 751 OF 2015
(ARISING OUT OF SLP(CRL.) NO.3963/2015
ARISING OUT OF CRL.M.P. NO.7611 OF 2015)
PRAVEEN KUMAR Appellant(s)
VERSUS
STATE OF U.P AND ANR. Respondent(s)
O R D E R
Delay condoned.
Leave granted.
From the impugned order as well as the order of the Family Court dated 20.5.2014 it transpired that the appellant suffered an ex parte order dated 9.12.2011 directing the appellant to pay interim maintenance of Rs.3,000/- (Rupees Three Thousand) to Respondent No.2/wife of the appellant under Section 126(2) Cr.P.C., pending disposal of the maintenance case in Case No.213/2011. On the appellant's application for stay, the Trial Court ordered for issuance of recovery warrant against the appellant by posting the application for setting aside the ex parte order on 27.6.2014. The High Court by the impugned order declined to interfere with the said order of the Family Court dated 20.5.2014.
Learned counsel for the appellant fairly Signature Not Verified stated that the appellant is prepared to Digitally signed by Narendra Prasad Date: 2015.05.14 16:39:11 IST Reason: deposit Rs.50,000/- (Rupees Fifty Thousand) towards arrears of interim maintenance, ordered 1 by the Family Court, without prejudice to his rights apart from paying the interim monthly maintenance from the month of May, 2015, to be paid in June, 2015 and continue to pay for subsequent months till his application for setting aside ex parte order dated 09.12.2011 is disposed of.
We are, therefore, inclined to set aside the impugned order of the High Court and also stay the operation of the order dated 20.5.2014 of the Family Court, pending disposal of the appellant's application for setting aside the ex parte order dated 9.12.2011 in Misc. Appln. No. 44/2011 of 2011 on the file of Judicial Magistrate, Muzaffarnagar, U.P. Ordered accordingly.
Subject to compliance of the above condition of deposit of Rs.50,000/- (Rupees Fifty Thousand) to the credit of Case No.213/2011 pending on the file of Judicial Magistrate, Muzaffarnagar, U.P., within four weeks from today, as well as the payment of future interim maintenance @ Rs.3,000/- (Rupees Three Thousand) from the month of May, 2015, the Judicial Magistrate, Muzaffarnagar, U.P. is directed to consider the appellant's application for setting aside the ex parte order dated 9.12.2011 and pass orders expeditiously, preferably within three months from the date of receipt of a copy of this order. On deposit of Rs.50,000/- (Rupees Fifty Thousand) being made by the appellant the Judicial Magistrate, Muzaffarnagar, U.P. is directed to disburse the same to Respondent No.2.
2If the appellant fails to comply with the condition imposed in this order, the benefit granted under this order will automatically cease to operate.
The appeal stands disposed of.
................................J. [FAKKIR MOHAMED IBRAHIM KALIFULLA] ................................J. [SHIVA KIRTI SINGH] NEW DELHI;
MAY 07, 2015.
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ITEM NO.14 COURT NO.7 SECTION II
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.)....../2015 CRLMP No(s). 7611/2015 (Arising out of impugned final judgment and order dated 16/07/2014 in AN No. 25785/2014 passed by the High Court of Judicature at Allahabad) PRAVEEN KUMAR Petitioner(s) VERSUS STATE OF U.P AND ANR. Respondent(s) (with appln. (s) for c/delay in filing SLP and office report) Date : 07/05/2015 This petition was called on for hearing today.
CORAM :
HON'BLE MR. JUSTICE FAKKIR MOHAMED IBRAHIM KALIFULLA HON'BLE MR. JUSTICE SHIVA KIRTI SINGH For Petitioner(s) Dr. Sushil Balwada,Adv.
For Mr. Javed Mahmud Rao,AOR (SCLSC) For Respondent(s) UPON hearing the counsel the Court made the following O R D E R Delay condoned.
Leave granted.
The appeal is disposed of in terms of the signed order.
(NARENDRA PRASAD) (SHARDA KAPOOR)
COURT MASTER COURT MASTER
(Signed order is placed on the file) 4