Court No. - 72
Case :- APPLICATION U/S 482 No. - 6785 of 2019 Applicant :- Rajendra Prasad Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Ajeet Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
This 482 application is directed against the order dated 21st January, 2019 whereby application of the applicant for staying the order dated 27.11.2018 has been rejected.
From perusal of the order dated 27.11.2018 passed by Fast Tract Court IInd, Jaunpur, it clearly transpires that the applicant has already approached this Court vide application 482 No. 22305 of 2017 against the order dated 27.11.2018 whereby recovery warrant/ non bailable warrant was issued. This Court while entertaining the application, had passed conditional order on 13.7.2017. Operative portion of the order is reproduced hereunder:
"Until further orders of this Court, no coercive action shall be taken against the applicant in pursuance of the order dated 27.2.2017 passed by Additional Session Judge, (FTCIInd), Jaunpur in case no. 71/14, under Section 128 Cr.P.C. subject to the following conditions:-
1. The applicant shall deposit 50% of the arrears of maintenance amount within a period of two months from today before the court concerned which shall be released in favour of opposite party no.2 after due verification.
2. The applicant shall also continue to pay the current monthly maintenance amount by 10th of each calendar month as has been awarded by the concerned Family court.
In case of default in making the payment as specified above, the order granting interim protection, shall stand automatically vacated. "
It appears that again applicant defaulted and, thereafter, court below had proceeded on the terms that in view of order dated 13th July, 2017 passed by this Court, interim protection had already stood vacated and the Court was free to proceed in accordance with law.
In the considered opinion of the court, this second application under Section 482 Cr.P.C. is clearly not maintainable . If the applicant has defaulted in payment insptie of order passed in his favour in the application under Section 482 no. 22305 of 2017, the Court was justified in proceeding in accordance with law by passing order dated 27.11.2018. However, the applicant is always at liberty to approach this Court in the pending application under Section 482 no. 23305 of 2017 for modification of the order if he is so advised.
This 482 application is therefore consigned to record with the aforesaid liberty.
Order Date :- 22.2.2019/Sanjeev