Court No. - 45
Case :- APPLICATION U/S 482 No. - 46951 of 2018 Applicant :- Phool Chandra Verma Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Ashok Kumar Dwivedi Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
This application under Section 482, Cr.P.C. has been filed by the applicant praying to quash the order dated 27.10.2018 passed by the Additional Session Judge F.T.C./Additional Family Court, Basti in Case No.63/11/17, under Section 125(3), Cr.P.C., P.S. Nagar, District Basti.
Submission is that the applicant after retirement has moved an application under Section 127, Cr.P.C. before the court below stating that he has retired and not able to pay maintenance of Rs.8,000/- earlier awarded by the court below. It is submitted that in the meantime recovery proceedings have been initiated against the applicant in pursuance of the earlier order dated 24.3.2017. Submission is that the applicant has retired on 30.5.2018 and therefore, unable to pay the amount under recovery.
Court below is directed to decide the application of the applicant under Section 127, Cr.P.C. within a period of two months. No recovery of any amount after the date of retirement of the applicant shall be made from the applicant till orders are passed on the application under Section 127, Cr.P.C.
This application stands disposed of. Order Date :- 21.12.2018 T. Sinha