Court No. - 49
Case :- APPLICATION U/S 482 No. - 14757 of 2018 Applicant :- Bachchu Lal Opposite Party :- State Of Up And Another Counsel for Applicant :- Chandra Prakash Kushwaha 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 to quash the impugned order dated 02.11.2017 passed by the learned Addl. Session Judge/Family Court/Fast Track Court No. 2, Banda under Section 125(3) Cr.P.C. in Case No. 153/XI of 2013 (Smt. Meera Vs. Bachchu Lal) insofar as it relates to the rejection of the application (15kha) dated 02.03.2016 filed by the applicant.
Learned counsel for the applicant submits that while the applicant had earlier been complying with the order passed under Section 125 Cr.P.C. dated 05.05.2006, however due to motor accident suffered by the applicant in the year 2009, he has himself become handicapped inasmuch as he has lost function of his left hand. The applicant claims himself to be a tractor driver.
At present, the learned Court below had though admitted the fact that the applicant had suffered an injury that resulted in the applicant loosing function of his left hand below the wrist, it has still held the amount to be recoverable from the applicant.
It is submitted that the applicant is unable to provide for maintenance allowance as awarded, as he can no longer drive a tractor and has lost his earning capacity in entirety.
In view of the submissions so advanced by learned counsel for the applicant, it is noted that the remedy available to the applicant is to apply under Section 127 Cr.P.C. for the modification in the order passed under Section 125 Cr.P.C.
In view of the above, in the event the applicant files an application under Section 127 Cr.P.C. within a period of two weeks from today along with a certified copy of this order before the learned Court below, the same shall be decided by the learned Court below as expeditiously as possible, without being prejudiced with the observations made in this order.
Insofar as the recoveries are standing against the applicant, the same cannot be interfered with, at this stage, by this Court in view of the fact that the applicant has yet not filed an application under Section 127 Cr.P.C. and no final decision as to his earning capacity has been made by the learned Court below. The learned Court below may pass appropriate orders in that regard in Section 127 Cr.P.C. proceedings, if initiated by the applicant.
The present application is disposed of with the aforesaid observation.
Order Date :- 30.4.2018 A. Singh