Court No. - 45
Case :- APPLICATION U/S 482 No. - 46675 of 2018 Applicant :- Smt. Afroz And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Akhilesh Kumar Singh,Subhash Gosain Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A for the State as also perused the record.
This application under Section 482 Cr.P.C. has been filed seeking direction to the court below for early decision of Criminal Misc. Case No. 25 of 2014, under Section 127 Cr.P.C., Police Station- Hafizganj, District- Bareilly, pending before the Fast Track Court, Bareilly.
Submission is that the applicants were directed to withdraw the proceedings earlier under Section 125 Cr.P.C. wherein, applicant No.1 was directed to be paid Rs.1000/- and Rs.500/- was directed to be paid to her minor son. It has been submitted that the proceedings under Section 125 Cr.P.C. was decided, but the court directed the applicants to move an application for withdrawing the aforesaid proceedings, which he has already filed, but the court has not directed to payment of maintenance amount as per Section 127 Cr.P.C.
This application is finally disposed of with a direction to the court below to pass appropriate order in both the proceedings i.e., under Sections 125 and 127 Cr.P.C., within a period of one month and ensure the amount awarded to the applicants under Section 127 Cr.P.C. is paid to them, if there is no other legal impediment.
Order Date :- 21.12.2018 Ruchi Agrahari