Anadi Srivastava, Ayush Dubey, Satyam Mishra, Vikas Chauhan Counsel v. Bhola)

: Anadi Srivastava, Ayush Dubey, Satyam Mishra, Vikas Chauhan Counsel for Opposite Party(s) : G.A. Court No. - 81 HON'BLE ACHAL SACHDEV, J.

Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

This application under section 482 Cr.P.C. has been preferred by the applicant with the prayer to quash the impugned order dated 11.01.2024, passed by the Additional Principle Judge, Family Court No.4, Allahabad, in Execution Case No.76 of 2009 (Smt. Reeta Devi Vs. Bhola), whereby the application 36-Kha moved by the applicant was rejected. Further prayed to stay the further proceeding of the aforesaid case.

Learned counsel for the applicant has submitted that the applicant has moved an application 36-Kha in the aforesaid execution case, by which the applicant had prayed to release/enlarge him and also prayed for closure of the proceedings of the aforesaid execution case against him, as the opposite party no.2/Smt. Reeta Devi has remarried with one Ram Babu and she also has one child with her second husband.

Learned counsel for the applicant has further submitted that the aforesaid application 36-Kha was rejected by the Additional Principle Judge, Family Court No.4, Allahabad, vide impugned order dated 11.01.2024 stating therein that since the proceedings under section 128 Cr.P.C. are pending before the court and the applicant desires the proceedings to remain pending and the applicant is also not in custody, hence on that grounds the learned 2 A482 No. 10977 of 2024 trial court had held that the relief as prayed for is not maintainable. The learned trial court also held that the point of remarriage of the opposite party no.2 was not in issue at the stage of recovery proceeding under section 128 Cr.P.C.

Learned counsel for the applicant has next submitted that the learned trial court had not afforded the opportunity to the applicant to produce his evidence regarding the remarriage of the opposite party no.2 or calling the objections of opposite party no.2 on the point of her remarriage, and illegally rejected the application 36-Kha moved by the applicant before the trial court.

Learned AGA for the State has opposed the aforesaid prayer and submitted that the learned trial court has passed the impugned order dated

11.01.2024 after going through the entire material available on record.

In the aforesaid circumstances, matter requires consideration.

6. Issue notice to opposite party No.2 returnable within three weeks.

7. Steps be taken within a week.

The opposite party no.2 shall file a counter affidavit within three weeks. Rejoinder affidavit, if any, may be filed within one week thereafter.

List on 19.05.2026, before the appropriate Bench.

Till the next date of listing, the recovery warrant, issued by the learned Principle Judge, Family Court, Allahabad, in Execution Case No.76 of 2009 (Smt. Reeta Devi Vs. Bhola), shall remain stayed. April 17, 2026 VKG (Achal Sachdev,J.)