Application No. 14741 of 2017. Case: Sudeep Kumar Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 14741 of 2017
CounselFor Appellant: Amit Srivastava, Adv.
JudgesRajesh Dayal Khare, J.
IssueCriminal Procedure Code - Section 125(3)
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


Rajesh Dayal Khare, J.

Heard learned counsel for the applicant and the learned A.G.A.

Present application has been filed for quashing the recovery warrant dated 14.6.2016 passed by the Principal Judge Family Court Budaun in Misc. Case No. 1302 of 2015 under Sections 125(3) Cr.P.C. polie station Civil Lines, district Budaun and also the proceedings of the aforesaid case.

It is contended that recovery warrant has been issued for the past ten years which cannot be done as per provisions of Section 123 Cr.P.C.

Issue notice to the opposite party No.2 returnable within four weeks. Steps be taken within a week.

Learned A.G.A. prays for and is granted four weeks time to file counter affidavit. The opposite party No. 2 may also file counter affidavit within the said period. As prayed by the learned counsel for the applicant two week thereafter is granted for filing rejoinder affidavit.

List after expiry of the aforesaid period before appropriate Court.

In the meantime it is provided that in case the applicant deposits 50% of the total amount of recovery amount...

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