Court No. - 85
Case :- APPLICATION U/S 482 No. - 20641 of 2021 Applicant :- Vinay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A.
Hon'ble Gautam Chowdhary,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 praying for quashing of order dated 9.4.2021 passed by Principal Judge (Family Court), Fatehpur in Application 3A, under section 126(2) Cr.P.C., District- Fatehpur.
The contention of the learned counsel for the applicant is that while disposing the application of the applicant, court below without providing proper opportunity to the applicant has passed and ex-parte order. Submission is that the the applicant should also be provided opportunity to raise his grievances before the court concerned. It is also contended that without giving any opportunity to the applicant the court below has allowed the case of the opposite party no.2 and fixed the maintenance allowance payable to opposite party no.2 as well as recovery warrant of sum of Rs.55,000/- against the applicant.
Considering the facts and circumstances of the case, this court feels that an adequate opportunity should be provided before passing of such orders. Hence, the impugned order dated 9.4.2021 is set-aside and the application is partly allowed and matter is remanded back to the court below to pass appropriate orders in the interest of justice without granting any unnecessary adjournments preferably within a period of three months to either of the parties, in accordance with law.
Order Date :-27.10.2021 shiv