Court No. - 73
Case :- APPLICATION U/S 482 No. - 7206 of 2019 Applicant :- Than Singh Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mohit Behari Mathur Counsel for Opposite Party :- G.A.
Hon'ble Neeraj Tiwari,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 impugned order dated 14.05.2018 passed by Family court/Addl. Sessions Judge, F.T.C.-II, Rampur in Criminal Complaint Case No. 378 of 2017 (Smt. Shashibala vs. Than Singh), under section 125(3) Cr.P.C., Police Station- Bhot, District- Rampur.
Learned counsel for the applicant is challenging the order dated 14.05.2018 only on the ground that by single order, recovery order as well as arrest warrant cannot be issued under the provision of Section 125(3) Cr.P.C. In support of his contention, he has placed reliance upon the judgment of this Court in the case of Iftekhar Husain Vs. Hameeda Begum 1980 LawSuit(All) 181.
Learned A.G.A. has submitted that earlier applicant has filed Criminal Revision No. 4125 of 2017 and obtained conditional interim order to pay 50% of maintenance amount in the account of opposite party no. 2 but he has not complied the revisional order dated 22.12.2017, therefore, on the application of opposite party no. 2, present impugned order has been issued against the applicant. So far as legal proposition is concerned, learned A.G.A. has very fairly submitted that by one order, recovery as well as arrest warrant cannot be issued simultaneously.
Considering the facts and circumstances of the case as well as law laid down by counsel for the applicant, impugned order dated 14.05.2018 is modified to the extent that arrest warrant shall not be given effect at this stage. Court below shall proceed in accordance with law to inforce recovery warrant and in case amount in dispute is not recovered, it is open for the court below to issue fresh arrest warrant as required under the law.
With the aforesaid observations, the application is disposed of. Order Date :- 26.2.2019/Sartaj