BALA KRISHNA NARAYANA, J. - (1.) HEARD learned counsel for the applicant and learned A.G.A. for the State.
(2.) THE applicant though this application under Section 482 Cr.P.C. has invoked the inherent jurisdiction of this Court with a prayer to quash the condition contained in the order dated 24.1.2012 passed by Civil Judge (S.D.), Banda in Case No.27 of 2011, Smt. Keshar Vs. Ram Kishore by which he has recalled the order dated 6.1.2011 passed by him in proceedings under Section 127 Cr.P.C. subject to the condition that the applicant shall continue to pay the enhanced amount of maintenance awarded under the order sought to be recalled. Learned counsel for the applicant submitted that the aforesaid condition is absolutely illegal and onerous and the same cannot be sustianed because in case the applicant is required to pay the enhanced amount of maintenance till the proceeding under Section 127 Cr.P.C. instituted by the opposite party no.2 is finalized he will be put to great inconvenience. He further submitted that once the order dated 6.1.2011 was recalled by the court below there was no justification on the part of the court below to have directed the applicant to continue to pay the enhanced amount of maintenance till the conclusion of the proceedings under Section 127 Cr.P.C. After having heard the learned counsel for the applicant and perused the impugned order as well as the other material brought on record, I am of the view that the matter requires consideration after receiving response from the opposite parties. 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 the opposite party no.2, who may also file counter affidavit within the same period. Rejoinder affidavit may be filed within two weeks thereafter. List thereafter. In view of the above, until ordered otherwise the effect and operation of the impugned condition contained in the order dated 24.1.2012 shall remain in abeyance subject to the applicant depositing a sum of Rs.20,000/- before the Civil Judge (S.D.), Banda in Misc Case No.27 of 2011 within a period of six weeks from today.
(3.) IT is further directed that the proceedings of the case have not been stayed and the concerned court shall make every possible endeavour to decide the proceeding under Section 127 Cr.P.C. which has been registered as Case No.27 of 2011 as expeditiously as possible without granting unnecessary adjournments to either of the sides.;