Court No. - 64

Case :- APPLICATION U/S 482 No. - 28908 of 2022

Applicant :- Ashutosh Chaudhary

Opposite Party :- State Of U.P. And 2 Others

Counsel for Applicant :- Sati Shanker Tripathi,A.K. Mishra

Counsel for Opposite Party :- G.A.,Vinay Kumar Tripathi,Vishal Pandey

Hon'ble Saumitra Dayal Singh,J.

Heard Shri A.K. Mishra, learned counsel for the applicant, learned A.G.A.

for the State and Shri Vinay Kumar Tripathi, learned counsel for the

private respondent.

Applicant/husband has challenged the order dated 29.7.2022 passed by

the Principal Judge, Family Court, Mathura whereby the learned Court

below has recalled its earlier order dated 24.5.2022 and restored the

proceedings under Section 125 Cr.P.C. initiated by opposite party/wife -

Smt. Jyoti, to its original number and status.

Learned counsel for the applicant submits that there is no provision in

the Code as may have allowed the learned Court below to recall its'

earlier order dated 24.5.2022. That power remains confined to recall the

order whereby maintenance may have been awarded ex parte, against a

citizen.

On the other hand, learned counsel for the opposite party has referred to

the two orders of the co-ordinate Bench