Kamaruddin vs State of U.P. and Others

Hon''ble Bala Krishna Narayana, J.—Heard Learned Counsel for the applicant and perused the impugned order. Notice on behalf of opposite party No. 1 has been accepted by learned A.G.A. He prays for and is allowed six weeks'' time to file counter affidavit.

Issue notice to opposite party nos. 2 to 4, who may also file counter affidavit within the same period.

Rejoinder affidavit, if any, may be filed within two weeks thereafter.

List after eight weeks before the appropriate Court.

It is contended by Learned Counsel for the applicant that although the applicant was neither party to the proceedings u/s 128 Cr.P.C. nor in Misc. Case No. 111 of 2011 but arrears of maintenance awarded by learned Magistrate against his son Kamaru Zaman husband of opposite party No. 2 in favour of opposite parties No. 2 to 4 are being recovered from the applicant and a recovery warrant has illegally been issued against him in this regard in pursuance of the impugned order dated 3.1.2012.

Submissions made by Learned Counsel for the applicant, prima facie, appear to be correct and he has made out a case for grant of interim relief. In this view of the matter, till the next date of listing the effect and operation of the impugned order dated 3.1.2012 passed by Additional Chief Judicial Magistrate, Khurja, Bulandshahar in Misc. Case No. 111 of 2011, Smt. Kamarjhan and another vs. Kamarjma, u/s 128 Cr.P.C. shall remain stayed against the applicant Kamaruddin.