Court No. - 38
Case :- APPLICATION U/S 482 No. - 3500 of 2019 Applicant :- Shri Gyanesh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Devi Deen Yadav Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
The present application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 02.01.2019 passed by Principal Judge, Family Court Jalaun at Orai in Misc. Criminal Case no.297 of 2018, under Section 126(2) Cr.P.C. as well as order dated 08.03.2018 passed in Case no.446 of 2014, under Section 125 Cr.P.C., P.S. Rampur, District Jalaun.
Learned counsel for the applicant submitted that an application under Section 125 Cr.P.C. has been moved by opposite party no.2 on 01.09.2014 for maintenance with the allegation that the applicant neglected to her to maintain her and she is living with her parents. She has no source of income for livelihood. The applicant has filed his objection before the court concerned but due to illness he was not able to produce evidence as required by the court concerned.
He further submitted that court below without considering entire material on record and in absence of any evidence produced by the applicant and without giving chance to the applicant to produce evidence has decided the application under Section 125 Cr.P.C. on 08.03.2018 and awarded a sum of Rs.4000/- per month from the date of submitting application i.e. 01.09.2014 as maintenance to the opposite party no.2. Thereafter the applicant moved an application for recalling the order dated 08.03.2018 under Section 126 (2) Cr.P.C. The same was dismissed by the Family Court, Jalaun.
Learned A.G.A. vehemently opposed the submissions advanced on behalf of the applicant and submitted that the application under Section 126(2) Cr.P.C. was decided by the court below after considering each and every facts of the case. There is no illegality in dismissing the application under Section 126(2) Cr.P.C..
I have heard learned counsel for the applicant and learned A.G.A. for the State and perused the record.
While dismissing the application of the applicant under Section 126(2) Cr.P.C. the Principal Judge, Family Court, Jalaun has observed that the applicant was granted sufficient time to produce evidence but deliberately he has not produced any evidence as required.
In view of above, I do not find any illegality or infirmity in the impugned orders dated 02.01.2019 and 08.03.2018.
The instant application is devoid of merit and is accordingly dismissed.
Order Date :- 25.1.2019 Asha