Court No. - 49
Case :- APPLICATION U/S 482 No. - 9967 of 2018 Applicant :- Mohd Khalid Mustafa Opposite Party :- State Of Up And Another Counsel for Applicant :- Ravindra Sharma Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present 482 Cr.P.C. application has been filed against the order dated 21.02.2018 passed by the Principal Judge, Budaun in Criminal Misc. Case No. 347 of 2017 (Smt. Gulishtan Bee Vs. Mohd. Khalid Mustafa), under Section 125 Cr.P.C., Police Station- Kotwali, District- Budaun by which the said court below has rejected the application filed by the applicant to recall the order dated 05.02.2018.
By the order dated 05.02.2018, the learned court below had closed the opportunity of cross examination of Javed (A.P.W.-2) the father of the opposite party no. 2.
While rejecting the said application, the learned court below has observed that the said witness had been cross examined on four occasions and that cross examination runs into 20 pages. It has been further stated that the case is pending without payment of any interim maintenance allowance to the opposite party no. 2. Also, it has been noted that the applicant has moved various applications for adjournments etc and thus delayed the conclusion of the proceedings under Section 125 Cr.P.C.
Proceedings under Section 125 Cr.P.C. are summary proceedings to be instituted to provide for maintenance allowance to preserve human life and dignity and prevent vagrancy.
In view of the facts noted by the learned court below, it appears that the application filed by the applicant to recall the order dated 05.02.2018 was rightly rejected. No interference is warranted on that count.
In view of the fact that the proceedings under Section 125 Cr.P.C. has remained pending since 2013, it is expected that the learned court below shall proceed to pass final orders on the application under Section 125 Cr.P.C. in accordance with law, without granting any unnecessary or long adjournments to either of the parties, as expeditiously as possible, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment.
The present application is disposed of with the aforesaid observations.
Order Date :- 28.3.2018 A. Singh