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2025 DAILYLAW 115151 (ALL)

GIRISH CHANDRA PATWA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND ANOTHER

CRLR/35/2025 · 2025-01-10

Karunesh Singh Pawar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:1852 Court No. - 16 Case :- CRIMINAL REVISION No. - 35 of 2025 Revisionist :- Girish Chandra Patwa Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And Another Counsel for Revisionist :- Syed Amir Hasan,Afaq Zaki Khan 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 is dispensed with in view of the proposed order. This revision has been filed against the order dated 13.12.2024 passed by Third Additional Principal Judge, Family Court, Sultanpur by which the revisionist has been directed to pay a sum of Rs.4000/- per month from the date of filing of application under Section 125 Cr.P.C. Perused the record. Perusal of the record shows that it is not in dispute that respondent no. 2 is the legally wedded wife of the revisionist. The revisionist has neglected to maintain respondent no.2 and his minor child. She is destitute and is unable to maintain herself. The revisionist is running a book shop and has sufficient sources of income which has been decided while deciding issue no.4 by the learned court below and the respondent no.2 is entitled to receive the maintenance. Record further shows that a case under Section 125 Cr.P.C. was filed by the respondent no.2 in the year 2016. These are the summary proceedings, however a case could be decided only 13.12.2024 and as per the submission of learned counsel for the revisionist till date he has paid Rs.86,000/- only. So far as the argument of learned counsel for revisionist that the revisionist is mentally retarded is concerned, he has filed application under Section 329 Cr.P.C. which has been rejected vide order dated 29.10.2024. Learned counsel for the revisionist has fairly submitted that he has not challenged the order dated 29.10.2024. Therefore, the plea that the revisionist is of unsound mind cannot be pressed by him as the application under Section 329 Cr.P.C. has already been rejected by the aforesaid order which has not been challenged by the revisionist. The revision is, thus, devoid of merits and is accordingly dismissed. Order Date :- 10.1.2025 Renu/- Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench