Court No. - 64
Case :- APPLICATION U/S 482 No. - 28583 of 2019 Applicant :- Susheel Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application u/s 482 of Cr.P.C. has been moved seeking the quashing of the orders dated 17.9.2017 and 25.5.2019 passed by the Principal Judge, Family Court, Rampur in Case No.380/18 (Smt. Virja Devi vs. Susheel Kumar) u/s 125 Cr.P.C., Police Station-Patwai, District-Rampur.
Heard learned counsel for the applicant and learned A.G.A. and also perused the record.
At the very outset counsel for the applicant not presses the prayer as contained in this application. The only submission made by the counsel for the applicant is that some convenient instalments for the payment of arrears may be made and the applicant is prepared to make the same. Counsel has tried to elaborate upon the stringent economic conditions through which the applicant is undergoing and it has been submitted that it would be rather difficult for him to pay the entire arrears at a stretch.
In view of the submissions made by the counsel for the applicant, this application with regard to prayer as has been made in the application stands dismissed.
So far as the additional submission regarding the instalments is concerned, it may be observed that applicant shall have the liberty to move an application before the court below and seek the same relief there. If an application to that effect is moved on behalf of applicant within ten days from today, the court below concerned shall have the right to look into the matter and make some convenient instalments, if the court below finds it proper to do so in the facts and circumstances of the case. If the court below decides to make some convenient instalments, it shall have powers to do so in view of this order passed by this Court in exercise of inherent jurisdiction.
With the aforesaid observations this application stands disposed of.
Order Date :- 25.7.2019 M. Kumar