Court No. - 49
Case :- APPLICATION U/S 482 No. - 6701 of 2018 Applicant :- Neeraj Kumar Opposite Party :- State Of U.P. And 3 Ors Counsel for Applicant :- Onkar Nath Mishra Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State.
The present 482 Cr.P.C. application has been filed to quash the NBW/recovery warrant dated 06.02.2018 passed by the Principal Judge, Family Court, Azamgarh in Case No. 715 of 2014 (Vandana and others Vs. Neeraj Kumar).
Admittedly, the applicant has been visited with order dated 20.10.2015 passed under Section 125 Cr.P.C. by which interim maintenance @ 5,000/- per month has been awarded to the opposite party nos. 2 to 4 from the date of the order. Twenty nine months have passed since then and the applicant has not discharged any part of that liability.
In such circumstances, NBW has been issued against the applicant in proceedings under Section 125 Cr.P.C. Thus, an amount of Rs. 1,45,000/- is outstanding against the applicant. The applicant is not in a position to give undertaking to comply with the order or to deposit the amount outstanding against him.
In view of the above, no interference is called for. The present application lacks merit and is accordingly dismissed.
Order Date :- 27.2.2018 A. Singh