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YOGENDRA KUMAR SRIVASTAVA
Alakhram – Appellant
Versus
State of U. P. – Respondent


Counsel for the Parties:
For the Applicant:Virpratap Singh and Rajat Agarwal, Advocates
For the Opp. Parties: G.A.

JUDGMENT

Dr. Yogendra Kumar Srivastava, J.—Heard Sri Virpratap Singh, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Arvind Kumar, learned A.G.A., for the State-opposite party no.1.

2. The present application has been filed seeking to quash the order dated 18.11.2019 passed by Principal Judge, Family Court, Mahoba, as well as entire proceedings of Case No. 189 of 2019 (Smt. Uma Devi vs. Alakhram), stated to be pending before Family Court, Mahoba.

3. The aforementioned order dated 18.11.2019 has been passed upon an application (paper no. 14 kha) under Section 125(3) Cr.P.C. The applicant herein claims to have filed an application dated 6.1.2020 (paper no. 17 kha) for recall of the said order and the said application is stated to be pending.

4. Learned Additional Advocate General has raised an objection with regard to the maintainability of the present application filed under Section 482 Cr.P.C. on the ground that the order dated 18.11.2019 passed by the Family Court is in exercise of powers under Section 125(3) Cr.P.C. on account of default made by the applicant in complying with the earlier order dated 20.10.2016 directing

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