Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 128259 (ALL)

DEEPENDRA KUMAR MISHRA @ PINTU MISHRA v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 2 OTHERS

CRLR/347/2025 · 2025-03-27

Alok Mathur

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC-LKO:17830 Court No. - 12 Case :- CRIMINAL REVISION No. - 347 of 2025 Revisionist :- Deependra Kumar Mishra @ Pintu Mishra Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko And 2 Others Counsel for Revisionist :- Shyam Bahadur Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J. 1. Heard Sri Shyam Bahadur, learned counsel for the revisionist as well as learned Additional Government Advocate for the State of U.P. 2. I the light of proposed order, notice to private opposite parties is dispensed with. 3. By means of present criminal revision under Section 19(4) of the Family Court Act, 1984 read with Section 397/40 of the Cr.P.C. (now Section 438 of BNSS), has been filed against order dated 23.01.2025, passed by the Additional Principal Judge, Family Court-II, Raibareli in Criminal Case No. 1934 of 2024 - Deependra Kumar Mishra Vs. Manju. 4. It has been submitted by learned counsel for the revisionist that opposite party no. 2 is his wife who had made allegations against revisionist and his family members regarding seeking dowry and also torturing her and has levelled false allegations of adultry, due to which opposite party no. 2 was forced to live apart from the revisionist and had subsequently filed an application under Section 125 Cr.P.C., where despite notice, revisionist had not put in appearance and accordingly the trial Court by means of order dated 26.11.2021 has awarded an amount of Rs.2000/- and Rs.1500/- respectively has been granted as maintenance in favour of opposite party no. 2 and her daughter. 5. It is next submitted by learned counsel for the revisionist that subsequently, the revisionist moved an application under Section 126(2) Cr.P.C. for recall of order dated 26.11.2021, stating that the revisionist did not have any information with regard to order of maintenance passed on 26.11.2021. The application of revisionist has been allowed subject to cost of Rs.15000/- and with direction that he shall continue to pay Rs.2000/- per month as maintenance to opposite party no. 2. 6. Considering the aforesaid facts and also keeping in view the fact that it is not the case of revisionist that he does not have financial resources to comply with the order dated 23.01.2025, apart from which this Court finds that there is no infirmity in the order dated 23.01.2025 and infact the outstanding amount against the revisionist for maintenance is Rs.1.47,000/-, this Court does not find any ground for interference. It shall be open for the revisionist to raise all the pleas under Section 125 Cr.P.C. before the trial Court itself. 7. Accordingly, for the reasons aforesaid, no interference in the impugned order is required.The revision being devoid of merit is dismissed. 8. However, it is provided that in case revisionist deposits the amount as per order of Family Court within next three weeks, no coercive steps shall be taken against the revisionist. 9. it is made clear that no further time shall be granted to the revisionist for depositing the said amount and in case of default on the part of revisionist, the Family Court will be at liberty to proceed under Section 125(3) Cr.P.C. against the petitioner. Order Date :- 27.3.2025 A. Verma (Alok Mathur, J.) Digitally signed by :- ANURAG VERMA High Court of Judicature at Allahabad, Lucknow Bench