Sankit Kumar v. State of U.P. and Another

Court No. - 89 Case :- APPLICATION U/S 482 No. - 39402 of 2023 Applicant :- Sankit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Danish,Rajiv Sisodia Counsel for Opposite Party :- G.A. Hon'ble Deepak Verma,J.

¶1Heard learned counsel for the applicant and learned A.G.A. for the State.

¶2This application under Section 482 Cr.P.C. has been filed by the applicant to stay the issuance of recovery warrant dated 05.10.2023 in Criminal Case No.48 of 2023, under Section 125(3) Cr.P.C. and Section 126(2) Cr.P.C. in Misc. Case No.122 of 2023.

¶3Learned counsel for the applicant has challenged the order dated

27.02.2023 by which Judicial Officer has allowed the application of opposite party No.2 and granted maintenance Rs.5,000/- per month from the date of filing of application. He further submitted that order passed on 27.02.2023 is ex parte order and without giving opportunity of hearing, order has been passed, which is liable to be set aside.

¶4Considering the argument raised by applicant's counsel and from perusal of record, it is evident that application under Section 126(2) Cr.P.C. is pending before trial court, it is hereby directed that the court below shall consider and decide the application moved by the applicant under Section 126(2) Cr.P.C. within a period of one months from the date of production of certified copy of this order.

¶5With the aforesaid directions, this application under Section 482 Cr.P.C. stands disposed of. Order Date :- 27.10.2023 Nitin Verma High Court of Judicature at Allahabad