Sarfaraz vs State Of U P And Another

Court No. - 44

Case :- APPLICATION U/S 482 No. - 15003 of 2013 Applicant :- Sarfaraz Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rajeev Sisodia,Shashank Kumar Counsel for Opposite Party :- Govt. Advocate

Hon'ble Arvind Kumar Mishra-I,J.

Heard learned counsel for the applicant, learned AGA for the State and perused the material brought on record.

By way of the instant application, the applicant has prayed for quashment of the order dated 21.01.2012 passed by the Additional Civil Judge (Senior Division), Court No.2, Bijnor, in Case No.3 of 2010 Smt. Salma Vs. Sarfaraj, under Section 125 Cr.P.C., Police Station Nahtaur, District Bijnor whereby the applicant has been directed to pay Rs.1500/- per month to opposite party no.2 towards maintenance.

Considering the facts and circumstances of the case, I do not find it a fit case for quashment of the impugned order,, for the reason that the learned counsel for the applicant after being quizzed time and again what is illegality explicit or implicit in the impugned order, he could not point out any such infirmity which may justify interference by this Court. The impugned order on the face appears to be based on material on record and justifiable under facts and circumstances of the case. Therefore, the prayer for quashment of the impugned order is refused.

Accordingly, the instant application is dismissed.

Order Date :- 7.11.2017 rkg