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Neutral Citation No. - 2025:AHC:90492 Court No. - 79 Case :- CRIMINAL REVISION No. - 6036 of 2024 Revisionist :- Pawan Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Devesh Kumar Shukla,Dharmesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and to set aisde the impugned order dated 16.10.2024 passed by the Principal Judge, Family Court, Aligarh in Misc. Application No.22(kha) preferred by the revisionist in Criminal Misc. Case No.702 of 2022 (Srimati Vijay Bharti vs. Pawan Kumar) u/s 125 Cr.P.C., Police Station Qwarsi, District Aligarh and allow the objection on the point of jurisdiction with immediate effect. It is submitted by learned counsel for the revisionist that in this case opposite party nos.2 & 3 are wedded wife and minor daughter of the revisionist. Further submits that they are resident of District Firozabad but for filing the present application u/s 125 Cr.P.C. at Aligarh, she has shown her address to be of Aligarh. The revisionist filed objection regarding jurisdiction of the court which was rejected by the learned trial court by order dated 16.10.2024 erroneously, therefore, request to set aside the order passed by the learned trial court and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that she was living at Aligarh when the revisionist ill-treated her as a result an F.I.R. was lodged against him as Crime No.640 of 2020 at Police Station Qwarsi District Aligarh in which charge sheet has also been filed by the concerned police. She also works in private school in District Aligarh. It also shows that she is living at Aligarh, therefore, present application u/s 125 Cr.P.C. has been filed there and the learned trial court at Aligarh has jurisdiction to hear the case. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by the learned trial court, it appears that the opposite party nos.2 & 3 are wife and minor daughter of the revisionist.
The opposite party no.2 was permanent resident of village Gopalpur, Police Station Eka, District Firozabad and after COVID-19 she is living at Aligarh where the revisionist committed marpit and cruelty with her regarding which she lodged the F.I.R. as Crime No.640 of 2020 under Sections 498A, 323, 506 I.P.C. & Section 3/4 D. P. Act at Police Station Qwarsi, District Aligarh. It also shows that she is living at Aligarh. In application u/s 125 Cr.P.C. she has shown her present address to be Peepal Wali Gali, Sanjay Gandhi Colony, Ravan Tila, Police Station Qwarsi, District Aligarh. She has also mentioned that she was teaching in private school at Aligarh, it also shows that she is living there. Learned trial court has passed the order in question after considering all these facts. There appears no any error of fact or law in the order passed by the learned trial court but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed at the admission stage itself. Order Date :- 27.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad