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2025 DAILYLAW 112247 (ALL)

SUMIT SAXENA v. STATE OF U.P. AND ANOTHER

CRLRD/2093/2024 · 2025-08-10

Yogesh Dubey Joint Registrar Judicial

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:135228 Court No. - 89 Case :- CRIMINAL REVISION DEFECTIVE No. - 2093 of 2024 Revisionist :- Sumit Saxena Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Amit Gupta,Ravi Sahu Counsel for Opposite Party :- G.A. Hon'ble Jitendra Kumar Sinha,J. In Re :- Crl. Misc. Delay Condonation Application No.1 of 2024 1. Learned counsel for opposite party No.2 and learned AGA for State opposite party No.1 are present. 2. No one is present on behalf of revisionist even in revised call. 3. This criminal revision has been filed with a prayer to set aside the judgment and order dated 21.12.2022 passed by Addl. Principal Judge, Family Court, Court No.2, Kanpur Nagar in Crl. Case No.1453 of 2019 under Section 125 Cr.P.C., Police Station Govind Nagar, District Kanpur Nagar. 4. Learned counsel for opposite party No.2 submits that present revision is abuse of the process of the Court as the order impugned was earlier challenged before this Court in Application U/S 482 Cr.P.C. No.6842 of 2023 (Sumit Saxsena Vs. State of U.P. and 2 others). The said application was dismissed by this Court vide order dated 24.2.2023. He further submits that revisionist has filed this Crl. Revision by suppressing the above order of this Court. A copy of order dated 24.2.2023 passed by this Court is supplied by learned counsel for opposite party No.2, which is taken on record. 5. The earlier order of this Court passed in Application U/S 482 Cr.P.C. No.6842 of 2023 reflects that the application u/s 482 Cr.P.C. was filed against the impugned order dated 21.12.2022 passed by Addl. Principal Judge, Family Court, Court No.2, Kanpur Nagar in Crl. Case No.1453 of 2019 under Section 125 Cr.P.C., whereas on perusal of prayer portion of the present criminal revision the relief prayed in the said prayer was earlier dismissed by this Court vide order dated 24.2.2023. The revisionist has filed the present criminal revision by concealing the earlier order of this Court passed in Application U/S 482 Cr.P.C. No.6842 of 2023. 6. In view of above, the revisionist has concealed the fact that his earlier Application U/S 482 Cr.P.C. No.6842 of 2023 was also dismissed by this Court. The revisionist has not come to this Court with clean hands. 7. Accordingly, the present criminal revision is dismissed with cost of Rs.20,000/-. Order Date :- 11.8.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad