Court No. - 49
Case :- APPLICATION U/S 482 No. - 19194 of 2018 Applicant :- Rajeev Kumar Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Shailendra Kumar Ojha,Ashutosh Mishra 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 to quash the NBW order dated 12.01.2018 passed by the Principal Judge, Family Court, Jalaun at Orai in Misc. Case No. 514 of 2016 (Smt. Pratibha Vs. Rajeev Mishra), under Section 125(3) Cr.P.C., Police Station- Kotwali Orai, District- Jalaun and the applicant may be permitted to deposit the demand draft of Rs. 1,95,000/-.
Learned counsel for the applicant states though there was some default in payment owing to medical condition, however, the applicant has got prepared two demand draft nos. 118288 and 118289 for Rs. 1,95,000/-. Copies of which drafts have been annexed with the present application.
It is thus submitted that some time may be granted to the applicant to make good deficiency of the deposit.
Considering the above, no useful purpose would be served in keeping the application pending any further.
Leaving it open to the opposite party no. 2 to file recall of this order, the present application is disposed of. Subject to deposit of the aforesaid amount for Rs. 1,95,000/- before the learned Court below that is being sought to be recovered within a period of ten days from today and further subject to the applicant continuing to comply with the order passed under Section 125 Cr.P.C., recovery proceeding shall remain stayed.
Order Date :- 29.5.2018 A. Singh