Om Shankar Mishra v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 45447 of 2023 Applicant :- Om Shankar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahabir Yadav Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant-Om Shankar Mishra has approached this Court through this application under Section 482 Code of Criminal Procedure seeking for quashing the impugned order dated 21.12.2022 and 20.01.2023 passed by Principal Judge, Family Court, Chitrakoot in Case No.218 of 2022, titled Puja Devi vs. Om Shankar, whereby warrants for recovery of Rs.32,000/- has been issued against him. Learned counsel for the applicant prays for a limited indulgence for granting some time to deposit the arrears of Rs.32,000/- which through the impugned orders dated 21.12.2022 and

20.01.2023 is being sought to be recovered by issuance of the recovery warrants. Learned counsel states that the applicant shall deposit the entire arrears of Rs.32,000/- positively within a period of six weeks from today, and half of it, i.e. Rs.16,000/- shall be deposited within a period of ten days from today. He prays that meanwhile the execution of the recovery warrants be postponed. Upon hearing the learned counsel and considering his submissions, including the fact that the applicant is undergoing treatment, it is ordered that the recovery warrants be kept in abeyance for a period of six weeks to enable the applicant to ful<l his promise. It is made clear that in case, the applicant fails to deposit half of the amount within a period of ten days or rest of the amount within the stipulated period, the recovery against him be enforced by the warrants. With these observations, this application is disposed of. Order Date :- 13.12.2023 Raj High Court of Judicature at Allahabad