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RAJVEER SINGH & OTHERS versus STATE OF U.P. & ANOTHER

High Court of Judicature at Allahabad

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Rajveer Singh & Others v. State Of U.P. & Another - APPLICATION U/s 482 No. 6287 of 2006 [2006] RD-AH 9817 (18 May 2006)

 

This is an UNCERTIFIED copy for information/reference. For authentic copy please refer to certified copy only. In case of any mistake, please bring it to the notice of Joint Registrar(Copying).

HIGH COURT OF JUDICATURE OF ALLAHABAD

2.             Court No.43.

     Crl. Misc. Writ Petition No.6287 of 2006.

Tohid......                         Petitioner.

  Vs.

State of U.P and others    .       Opp. Parties

Hon. K.N.Sinha,J.

       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.  

Dt.18.5.2006

G.S(1)(6287)


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Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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