Irfan Badruddin Ansari vs State Of Gujarat & on 6 November, 2017

R/SCR.A/8382/2017 ORDER

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

SPECIAL CRIMINAL APPLICATION (DIRECTION) NO. 8382 of 2017

IRFAN BADRUDDIN ANSARI….Applicant(s)
Versus
STATE OF GUJARAT 1….Respondent(s)

Appearance:
MR S D MANSURI, ADVOCATE for the Applicant(s) No. 1
MS MOXA THAKKAR, APP for the RESPONDENT(s) No. 1

CORAM: HONOURABLE MR.JUSTICE J.B.PARDIWALA

Date : 06/11/2017

ORAL ORDER

By this writ-application under Article 226 of the
Constitution of India, the writ-applicant has prayed for the
following reliefs :

“(A) Admit the present application.

(B) Your Lordships be pleased to allow this petition by
issuing a writ of mandamus and/or writ of certiorari or
any other appropriate writ or order or direction in the
nature of writ directing the Ld. Family Court not to
proceed in any application under
section 125(3) of Cr.P.C.
including Cr.M.A./2554/2016 filed in connection with the
order in Criminal Miscellaneous Application No.952/2011
at Ld. Family Court Ahmedabad, order dated 20/5/2016
and further be pleased to quash the warrant issued
against the present applicant in Cr.M.A./2554/2016 filed
under
section 125(3) of Cr.P.C. till the final disposal of an
application filed unde”(A) Admit the present application.

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R/SCR.A/8382/2017 ORDER

(B) Your Lordships be pleased to allow this petition by
issuing a writ of mandamus and/or writ of certiorari or
any other appropriate writ or order or direction in the
nature of writ directing the Ld. Family Court not to
proceed in any application under
section 125(3) of Cr.P.C.
including Cr.M.A./2554/2016 filed in connection with the
order in Criminal Miscellaneous Application No.952/2011
at Ld. Family Court Ahmedabad, order dated 20/5/2016
and further be pleased to quash the warrant issued
against the present applicant in Cr.M.A./2554/2016 filed
under
section 125(3) of Cr.P.C. till the final disposal of an
application filed under
section 126(2) of Cr.P.C. being
Cr.M.A./2365/2017 before Ld. Family Court Ahmedabad,
in the interest of justice.

(C) Pending admission, hearing and final disposal of this
petition, Your Lordships may be pleased to stay the
further operation, implementation and execution of the
impugned order dated 20/5/2016 passed by the Ld.
Family Court Ahmedabad in Cr.M.A./952/2011 and by
staying proceedings of Cr.M.A./2554/2016 and any
subsequent application that may be filed under
Section
125(3) in connection with the order in Criminal
Miscellaneous Application No.952/2011 at Ld. Family
Court Ahmedabad, order dated 20/5/2016 and to quash
the warrant issued against the present applicant in
Cr.M.A./2554/2016 filed under
section 125(3) of Cr.P.C.
till the final disposal of this application as well as till the
final disposal of Cr..M.A./2365/2017 filed under
section
126(2) of Cr.P.C. before Ld. Family Court, in the interest
of justice.

(D) Your Lordship be pleased to grant such other and
further reliefs as deemed fit in the interest of justice.”

It appears from the materials on record that the Family
Court, Ahmedabad, passed an order dated 20th May 2016
partly allowing the application filed by the respondent no.2
herein for maintenance under
Section 125 of the Code of
Criminal Procedure. The Family Court awarded Rs.1,50000
towards the maintenance in favour of the respondent no.2.

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R/SCR.A/8382/2017 ORDER

The writ-applicant happens to be the son of the
respondent no.2. It also appears from the materials on record
that the proceedings before the Family Court proceeded ex-
parte. In such circumstances, the writ-applicant preferred an
application under
Section 126(2) of the Code of Criminal
Procedure, assigning reasons why he could not participate in
the proceedings. The application filed by the writ-applicant
under
Section 126(2) of the Code of Criminal Procedure is
pending as on date before the Family Court. In the mean time,
the respondent no.2 filed an application under
Section 125(3)
of the Code of Criminal Procedure for recovery of the arrears
towards the maintenance. In the proceedings for recovery of
the arrears, the Family Court has issued warrant.

The learned counsel informs that as on date an amount
of Rs.93,00000 is due and payable towards the arrears.

At this point of time, I am not inclined to interfere or
grant the relief as prayed for. All that I can say is that the
Court concerned shall hear the application filed by the writ-
applicant under
Section 126(2) of the Code of Criminal
Procedure at the earliest preferably within a period of fifteen
days from the date of receipt of this order considering the fact
that the warrant has been issued for arrest of the writ-
applicant.

With the above, this writ-application is disposed of. Direct
service is permitted.

(J.B.PARDIWALA, J.)
MOIN

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