Court No. - 49
Case :- APPLICATION U/S 482 No. - 6272 of 2018 Applicant :- Amrawati Devi Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present 482 Cr.P.C. application has been filed with a prayer to quash the impugned order dated 3.2.2018 passed by Principal Judge, Family Court, Maharajganj relating to Case No. 263 of 2014 (Amrawati Devi Vs. Umesh Gupta), under Section 125 Cr.P.C., Police Station Thuthibari, District Maharajganj, pending in the Court of Principal Judge, Family Court, Maharajganj.
Learned counsel for the applicant submits that the present application has been filed against the order dated 3.2.2018, by which the applicant's application for grant of interim maintenance during the pendency of proceeding under Section 125 Cr.P.C. registered as Case Crime No. 263 of 2014 in the Court of Principal Judge Family Court, Maharajganj, has been rejected.
Learned counsel for the applicant submits that the finding recorded in the impugned order are of the nature as may cause prejudice to the case of the applicant during final adjudication of that application. He further sates that the adverse finding had been recorded against the applicant based on the alleged transcript of telephonic conversation filed by the opposite party. He submits that the applicant did not have adequate opportunity to cross-examine the opposite party and that the correctness of the transcript of telephonic conversation so relied upon by the opposite party no.2, has not been examined by applying the correct legal principle.
Considering the fact that at present only to application for interim maintenance has been rejected and the applicant's main application for grant of maintenance is still pending, I do not consider any fruitful purpose would be served in keeping the application pending any further.
The present application is thus disposed of with a direction to the learned Court below to decide the main application filed by the applicant under Section 125 Cr.P.C., as expeditiously as possible, preferably within a period of six months from the date of the production of a certified copy of this order.
It is further provided that the Court below shall afford the parties adequate opportunity to lead evidence in support of their case and that the learned Court below shall treat the observation made in the order dated 3.2.2018 to be only tentative and not final. It is thus made clear that the learned Court below shall not be prejudiced by any observation or finding recorded in the order dated 3.2.2018 and the final order shall be passed on a fresh application on mind, strictly, in accordance with law.
The present application is disposed of with the aforesaid observations.
Order Date :- 23.2.2018 Mini