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Jagdeesh Prasad vs State Of Up And Another

High Court Of Judicature at Allahabad|29 April, 2019
Court No. - 65
Case :- APPLICATION U/S 482 No. - 16832 of 2019 Applicant :- Jagdeesh Prasad Opposite Party :- State Of Up And Another Counsel for Applicant :- Abhai Kumar Singh,Awadhesh Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This application under Section 482 Cr.P.C. has been filed seeking quashing of the order dated 12.2.2019 passed by the Addl. Sessions Judge/F.T.C. No.2, Ghaziabad in Case No. 815 of 2017, Smt. Sona Devi versus Jagdeesh Prasad, under Section 125 Cr.P.C., P.S. Sihani Gate, District Gaziabad whereby Rs. 10,000/- per month to the wife has been awarded as interim maintenance by the court below.
Heard learned counsel for the applicant, learned AGA and perused the record.
Learned counsel for the applicant has not been able to point out any illegality, impropriety or incorrectness much less than any abuse of the court's process which may persuade this Court to interfere in the impugned order. The applicant is a sufficiently paid employee. The impugned order reflects judicial application of mind. The provision for interim maintenance is meant to prevent vagrancy and destitution of neglected wives. There is no element of perversity reflected in the impugned order. Keeping in perspective the income of the applicant the amount of interim maintenance can not be said to be either excessive or disproportionate in the present days of high price rise.
The application lacks merit and stands dismissed.
Order Date :- 29.4.2019 CPP/-
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  • Karuna Nand Bajpayee
  • Abhai Kumar Singh Awadhesh Kumar Singh