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2025 DAILYLAW 114297 (ALL)

MOHD. IMRAN KHAN v. STATE OF U.P. THRU. PRIN. SECY. (LAW AND JUSTICE) LKO AND 2 OTHERS

/20/2025 · 2025-01-08

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1462 Court No. - 16 Case :- CRIMINAL REVISION No. - 20 of 2025 Revisionist :- Mohd. Imran Khan Opposite Party :- State Of U.P. Thru. Prin. Secy. (Law And Justice) Lko And 2 Others Counsel for Revisionist :- Jalaj Kumar Gupta Counsel for Opposite Party :- G.A. Hon'ble Karunesh Singh Pawar,J. Heard learned counsel for the revisionist as well as learned AGA for the State. Notices to respondent no. 2 are dispensed with in view of the proposed order. Learned counsel for the revisionist submits that the impugned order dated 03.10.2024 is perverse order and contrary to the record. It has been further submitted that although the revisionist appeared and sought adjournment for filing objection on the interim maintenance application, however, by recording perverse finding, the learned court below has passed the impugned order. Perused the record. A perusal of the order impugned and application dated 03.10.2024 depict that an opportunity was sought by the revisionist. This Court is of the opinion that learned court below ought to have given one opportunity to the revisionist to file objection on the application for interim maintenance filed by respondent no. 2. Accordingly, the revision is allowed. The impugned order dated 03.10.2024 is set aside. The matter is remanded to the learned court below to pass an appropriate order within one month from the date of production of certified copy of the order after providing one opportunity to the revisionist to file objection. Order Date :- 8.1.2025/R.C. Digitally signed by :- RAM CHANDER YADAV High Court of Judicature at Allahabad, Lucknow Bench