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Rajveer Singh & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 6287 of 2006  RD-AH 9817 (18 May 2006)
2. Court No.43.
Crl. Misc. Writ Petition No.6287 of 2006.
State of U.P and others . Opp. Parties
Heard learned counsel for the petitioner and learned A.G.A.
An application under Section 125 Cr.P.C was moved which was allowed for payment of interim maintenance ex-parte as in spite of last opportunity given by the court, the petitioner did not appear. Thereafter a revision was filed. In the revision the order was modified granting an amount of Rs. 1,000/- as expenses and Rs.800/ as maintenance to opposite party No.2. On this condition the ex-parte judgement was set aside and the case was remanded back for hearing by order dated 15.12.2005 fixing a date as 24.12.2005. The petitioner never appeared before the court of the magistrate as is evident from order dated 9.1.2006 and 20.4.2006. The matter already pending shows that the petitioner has earlier adopted this practice right from the hearing of application under Section 125 Cr.P.C. and thereafter in the court of Magistrate. The learned counsel for the petitioner has submitted that he will deposit the entire amount due and after depositing the same his application may be considered.
It is, hereby, directed that if the petitioner deposits Rs.1,000/- as expenses and Rs.5000/- as arrear of interim maintenance up to 31.5.2006 in the court within 15 days from the date of production of certified copy of this order and continues to pay Rs. 800/- per month regularly from 1.6.2006 then his application No.47 and the objection thereof shall be heard on merit.
Till this period of 15 days, the execution proceedings shall remain stayed. In case of breach of any of the condition mentioned above, this order shall stand automatically vacated without any reference to this Court and the execution court shall take any steps it so likes.
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