Court No. - 86
Case :- APPLICATION U/S 482 No. - 46661 of 2019 Applicant :- Kamlesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shobhanath Singh Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ali Zamin,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the ex-parte impugned order dated 30.08.2017 passed by learned Principal Judge, Family Court, Ghazipur in Criminal Misc.Case No.629 of 2015 (Smt. Archana Devi Vs. Sri Kamlesh Kumar), under Section 125 Cr.P.C., P.S. Nonhara, District Ghazipur as well as its consequential effect.
Learned counsel for the applicants submits that without notice to the applicants by ex-parte order dated 30.08.2017, the marriage of the applicant Smt. Archana Devi has been declared null and void by the Additional District Judge/ FTC IInd, Ghazipur. The execution is also pending.
Against the ex-parte order applicants have an option to file restoration/recall application before the court concerned.
In view of the alternative remedy available to the applicants, this Court is not inclined to interfere in this application by invoking jurisdiction under Section 482 Cr.P.C.
Therefore, this application is rejected.
However, till filing of recall/restoration application, ex-parte impugned order dated 30.08.2017 passed by learned Principal Judge, Family Court, Ghazipur in Criminal Case No.629 of 2015 (Smt. Archana Devi Vs. Sri Kamlesh Kumar), under Section 125 Cr.P.C., P.S. Nonhara, District Ghazipur shall remain stayed.
Order Date :- 18.12.2019 MAA/-