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2024 Supreme(All) 783

ARUN KUMAR SINGH DESHWAL
Rajkumar – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Applicant : R.V. Pandey
For the Opposite Party : G.A., Ashutosh Gupta, Ashutosh Sharma, Gyan Prakash Verma

JUDGMENT :

Arun Kumar Singh Deshwal, J.

1. Rejoinder affidavit filed today is taken on record.

2. Heard learned counsel for the applicant, learned counsel for opposite party no.2 and Sri Sunil Kumar Kushwaha, learned AGA for the State.

3. The present application has been filed for the following relief:

    "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and quashed the order and judgment dated 25.01.2019 in recall/restoration application no.164 of 2017 whereby has recall/restore ex-parte order dated 23.11.2017 passed by the learned trial court in Case No.336 of 2016 (Smt. Bindu Devi & Others Vs. Rajkumar), u/s 125 Cr.P.C., pending in the court of the Chief Judge, Family Court, Azamgarh."

4. Facts giving rise to the present case are that opposite parties, nos.2 and 3, are the wife and daughter of the applicant, respectively. The application for maintenance u/s 125 Cr.P.C. filed by opposite parties, nos.2 and 3, was dismissed for want of prosecution on 23.11.2017. Against that order, opposite parties, nos.2 and 3 filed a recall application, which was allowed by the court below by the impugned order dated 25.01.2019

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