Akil v. State of U.P. and Another

Court No. - 91 Case :- APPLICATION U/S 482 No. - 39620 of 2023 Applicant :- Akil Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Gajendra Kumar,J.

¶1Heard learned counsel for the applicant and learned AGA for the State.

¶2The present application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the order dated 12.07.2023 passed in Case No.513 of 2021, under Section 125 Cr.P.C., P.S. Massorie, District Ghaziabad.

¶3Learned counsel for the applicant submits that the application u/s 125 Cr.P.C. was moved by the applicant only for the maintenance of herself nor for the children but the court concerned without considering this fact has passed the order mechanically without application of mind in favour of the applicant as well as the children.

¶4On the other hand, learned AGA has opposed the prayer but could not dispute the aforesaid fact.

¶5In view of above, if the applicant may move an application for altering the interim maintenance, the same shall be heard and decided within a period of two weeks from today by passing a reasoned order in accordance with law.

¶6With the aforesaid observations, the present application u/s 482 Cr.P.C. is disposed off. Order Date :- 16.11.2023 Sanjeet High Court of Judicature at Allahabad