Court No. - 48
Case :- APPLICATION U/S 482 No. - 29877 of 2018 Applicant :- Durgesh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Amit Kumar Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking the quashing of order dated 27.05.2017 passed by Additional Chief Judicial Magistrate, Court No.1, Moradabad in Case No.274 of 2013 under Section 12 of Protection of Women from Domestice Violence Act, P. S. Bilari, District-Moradabad wherein interim maintenance @ Rs.3000/- per month had been awarded to O. P. no.2 as well as judgment and order dated 14.09.2017 passed by Additional Sessions Judge, Court no.13, Moradabad in Criminal Appeal No.93 of 2017 confirming the order of Court below.
Heard applicants' counsel and learned A.G.A. Entire record has been perused.
Counsel for the petitioner has not been able to point out any such illegality or impropriety, much less than any abuse of court's process which may persuade this Court to interfere in either of the impugned orders. It appears that interim maintenance of Rs.3000/- has been awarded, which cannot be said either to be excessive or disproportionate in present days of high price rise. Even this arrangement is interim in nature and the final adjudication is still to be done after taking evidence and adopting the procedure in accordance with law.
In any view of the matter, there does not appear to be any good ground to interfere in the impugned orders or to exercise the inherent jurisdiction of this Court under Article 227 of the Constitution.
This petition lacks merit and is, accordingly, dismissed.
Order Date :- 5.9.2018 Manish Himwan