Court No. - 49
Case :- APPLICATION U/S 482 No. - 10303 of 2018 Applicant :- Master Aryan Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Prasoon Tomar 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 seeking direction to the Court below to consider and decide case no. 495 of 2013, under Section 128 Cr.P.C. (Master Aryan through his mother Vs. Dharam Singh) pending in the Court of learned Additional Sessions Judge/FTC-II, Bijnor.
Learned counsel for the applicant submits that by order dated 17.1.2011 passed by the First Additional Civil Judge (S.D.) Bijnor has allowed the application filed by the present applicant, under Section 125 Cr.P.C. and monthly maintenance allowance @ of Rs. 3,000/- had been awarded from the date of the application. Upon Criminal Revision no. 992 of 2011 filed by the opposite party no.2, the order under Section 125 Cr.P.C. was modified and made applicable from the date of that order being 17.1.2011.
Thereafter, it has been submitted that the opposite party no.2 has yet not complied with any part of the order dated 17.1.2011 and the proceeding for recovery under Section 128 Cr.P.C. had remained pending since December, 2012. More than five years have passed since then.
Accordingly, the present 482 Cr.P.C. application is disposed of with a direction to the learned Court below to take all coercive measure against the opposite party no.2 as may be permissible in law and to conclude the recovery proceedings, as expeditiously as possible, preferably within a period of three months from the date of the production of a certified copy of this order.
Order Date :- 29.3.2018 Mini