Court No. - 72
Case :- APPLICATION U/S 482 No. - 29010 of 2019 Applicant :- Avinash Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Kandarp Srivastava,Kaustubh Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard Shri Kandarp Srivastava, learned counsel for the applicant and learned A.G.A. for the State.
Present application under Section 482, Cr.P.C. has been filed for quashing the impugned Recovery Warrant and Non Bailable Warrant issued by the Additional Chief Judicial Magistrate VIIth, Agra vide order dated 21.2.2019 in Misc. Case No.304 of 2019, Smt. Aaradhana Vs. Avinash Verma, under Section 6(5) of Domestic Violence Act, P.S. Jagdishpura, District Agra.
It reflects from the record that complaint was filed by O.P. No.2 under Section 12 of the Protection of Women from Domestic Violence Act in which order was passed on 18.12.2018 granting interim maintenance to O.P. No.2 to the extent of Rs.6,000/- per month. Subsequently when the order was not complied with and the applicant failed to appear before the court concerned, proceeding of Misc. Case No.304 of 2019 was initiated for execution of earlier order dated 18.12.2018 as well as for issuance of recovery warrant. Since the applicant failed to appear before the court concerned, learned magistrate vide order dated 21.2.2019 issued recovery warrant as well as non bailable warrant.
The contention of learned counsel for the applicant is that the warrant has wrongly been issued in misc. execution proceeding under Section 6(5) of Protection of Women from Domestic Violence Act.
This Court is not going to examine the validity of the order issuing non bailable warrant. Admittedly the applicant failed to appear before the court, therefore, in case the applicant appears before the court concerned within three weeks from today and files an application for recall/objection against the impugned order, then the magistrate shall decide the same expeditiously in accordance with law. For a period of three weeks from today no coercive action shall be taken against the applicant pursuant to the recovery warrant/N.B.W. dated 21.2.2019. In case the applicant fails to appear before the court concerned, the magistrate is directed to take coercive action against the applicant in accordance with law.
With the aforesaid observation, this application is disposed of. Order Date :- 26.7.2019 T. Sinha