NARSING GIRI ALIAS PAPPU GIRIversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 35897 of 2023

Narsing Giri Alias Pappu Giri
                                                             .....Applicant(s)
                                   Versus

State Of U.P. And Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)             :   Gyanendra Prakash Srivastava
Counsel for Opposite Party(s)        :   G.A.

Court No. - 75
                       HON'BLE SAMIT GOPAL, J.

1. List revised.

2. Heard Sri Rishu Srivastava, Advocate, holding brief of Sri Gyanendra
Prakash Srivastava, learned counsel for the applicant, Sri V.D. Ojha,
learned counsel for the State and perused the records.

3. The present application under Section 482 Cr.P.C. has been filed by the
applicant with the following prayers:-


"It is, therefore, Most Respectfully prayed that this Hon'ble Court may
graciously be pleased to allow this application and quash the impugned
order dated 21.08.2023 passed by learned Principal Judge Family Court
Ballia in Case No. 177 of 2023 (Anshika alias Priyanshu Vs. Narsingh)
u/s 128 Cr.P.C., Police Station Nagra, District Ballia.


It is further prayed that this Hon'ble Court may kindly be pleased to stay
the effect and operation of the impugned order dated 21.08.2023 passed
by learned Principal Judge Family Court Ballia in Case No. 177 of 2023
(Anshika alias Priyanshu Vs. Narsingh) u/s 128 Cr.P.C., Police Station
Nagra, District Ballia.


It is further prayed that this Hon'ble Court may kindly be pleased stay the
further proceeding of Case No. 177 of 2023 (Anshika alias Priyanshu Vs.
Narsingh) u/s 128 Cr.P.C., Police Station Nagra, District Ballia, pending
in the court of learned Principal Judge Family Court Ballia, during
                                                      A482 No. 35897 of 2023
                              2

pendency of the present application bfore this Hon'ble Court.


And/or pass such other and further order or direction which this Hon'ble
Court may deem fit and proper under the facts and circumstances of the
case."

4. Submission of learned counsel for the applicant is that the order
impugned dated 21.8.2023 is illegal inasmuch as the court concerned
could not have issued recovery warrants through S.S.P. for maintenance
allowance. It is submitted that thus the order impugned be set aside.

5. Learned counsel for the applicant was called upon to show his bonafide
on the count as to whether he has paid any amount of maintenance to the
opposite party no. 2 who is his daughter in compliance of the order dated
24.1.2023 passed by the Additional Principal Judge, Family Court, Ballia
in Original Suit No.-Maintenance/1503289/2015, Anshika @ Priyanshu
vs. Narsingh Giri @ Pappu Giri, under Section 125 Cr.P.C. by which the
application u/s 125 Cr.P.C. was partly allowed and the applicant was
directed to pay the respondent herein Rs.2000/- per month as
maintenance till her marriage, learned counsel submits that the applicant
has not paid any amount till date but the impugned herein has been passed
in proceedings u/s 128 Cr.P.C. and the order is illegal which may set
aside.

6. Learned A.G.A. for the State/opposite party no. 1 submits that on the
own statement of learned counsel for the applicant he has not been
following the judgement and order dated 24.1.2023 passed by the Family
Court concerned by which maintenance allowance has been awarded to
the opposite party no. 2 and the proceedings u/s 128 Cr.P.C. were taken
up in which recovery warrants have been issued but still the applicant
who is father of the opposite party no. 2 has not honoured the said order
and paid a single penny. It is submitted that the petition be dismissed.

7. After having heard learned counsels for the parties and perusing the
records, it is evident that the order impugned dated 21.8.2023 passed by
the Additional Principal Judge, Family Court, Ballia in Original Suit No.-
Maintenance/1503289/2015, Anshika @ Priyanshu vs. Narsingh Giri @
Pappu Giri, under Section 128 Cr.P.C., is an order by which recovery
                                                                                             A482 No. 35897 of 2023
                                                                    3


                                    warrants have been issued against the applicant in proceedings u/s 128
                                    Cr.P.C. and process has been issued to the S.P., Ballia through letter for
                                    its compliance. It is not a case of the applicant that the judgement and
                                    order dated 24.1.2023 awarding maintenance to the opposite party no. 2 is
                                    under challenge. There is no ground for interference in the present
                                    petition. The same is bereft of any merit and as such is dismissed.

                                    8. Pending application(s), if any, shall stand disposed of.

                                    9. Registrar (Compliance) to communicate this order to the concerned
                                    trial court/District Judge for information and necessary action within two
                                    weeks.



                                                                                                  (Samit Gopal,J.)
                                    May 12, 2026
                                    Naresh




Digitally signed by :-
NARESH KUMAR
High Court of Judicature at Allahabad