Court No. - 64
Case :- APPLICATION U/S 482 No. - 32337 of 2019 Applicant :- Mohd. Iqbal Opposite Party :- State Of Up And 2 Ors Counsel for Applicant :- Gaurav Gupta Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application U/s 482 Cr.P.C. has been moved on behalf of the applicant for setting aside the impugned N.B.W. order dated 03.05.2019 passed by Principal Judge, Family Court, Shahjahanpur in Criminal Misc. Case No.6 of 2019 (Smt. Shama Parveen & another Vs. Mohd. Iqbal), u/s 125(3) Cr.P.C., P.S.- Sadar Bazar, District- Shahjahanpur, whereby application was moved on behalf of opposite party no.2 and the applicant has been directed to pay Rs.3,000/- to the wife and Rs.1,000/- to the child per month from the date of order as maintenance.
Heard learned counsel for the applicant and learned A.G.A. Perused the record.
The grievance of the applicant appears to be that after an ex- parte order had been passed against the applicant he sought the recall of the same and moved a proper application in that regard. The same application has not been disposed of and during the pendency of the same recovery proceedings have been initiated. Counsel seeks direction for the expeditious disposal of the recall application and also seeks stay of recovery proceedings till the disposal of the recall.
In the circumstances of the case, it is being directed that the Court below shall decide the recall application at the earliest without granting any unnecessary adjournment to either side. With regard to the stay of recovery proceeding, applicant is granted the liberty to move an application in court below itself and seek the relief which he seeks. If any such application is moved before the court below, the court will look into the same and will pass appropriate orders as it may deem fit and proper in accordance with law.
Order Date :- 22.8.2019 shiv