Court No. - 49
Case :- APPLICATION U/S 482 No. - 10021 of 2018 Applicant :- Sajid Opposite Party :- State Of Up And Another Counsel for Applicant :- Zaid Arshad,Arshad Hamid 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 application has been filed against the order dated 6.3.2018, by which the application filed under Section 126(2) Cr.P.C. has been allowed subject to payment of Rs. 20,000/- cost.
In this regard, it has been submitted that earlier by order dated 6.3.2018, the learned Principal Judge, District Saharanpur had provided for maintenance allowance @ of Rs. 3000/- to opposite party no.2 and Rs. 1,000/- per month to her minor daughter. Though the applicant claims to have filed an application under Section 126(2) Cr.P.C. within time, it is admitted to the applicant that the order dated 6.3.2018 has not been complied till date inasmuch as he has not paid the costs to opposite party no.2. Cost of Rs. 20,000/- cost is neither excessive nor arbitrary.
The application has remained pending for sufficiently long period of time. It is therefore expected, subject to payment of costs as directed, the learned Court below shall proceed to hear and decide the Section 125 Cr.P.C. application expeditiously as possible, preferably within a period of four months from the date the applicant complying with the direction for regarding payment of cost.
If for any reason, the learned Court below is unable to decide the aforesaid case within time granted, it shall necessarily consider and decide the application for payment of interim maintenance allowance.
The present 482 Cr.P.C. application is disposed of. Order Date :- 28.3.2018 Mini