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2025 DAILYLAW 12958 (UTT)

SURENDRA KUMAR ALIAS NITIN KUMAR v. MANSA DEVI

CRLR/828/2024 · 2025-03-10

Alok Mahra

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

No Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGES’S ORDERS CRLR No. 828 of 2024 Hon’ble Alok Mahra, J. Heard Mr. Mohit Kumar, learned counsel for the revisionist and Mr. Deepak Bisht, learned D.A.G. for the State. 2. In the supplementary affidavit filed by the revisionist alongwith supplementary affidavit, revisionist have also annexed letter of attorney and today, RTI report has also been placed before this Court, which is taken on record. 3. The RTI report shows the reply given by the Public Information Officer in the office of District Judge, Udham Singh Nagar. Perusal of the information supplied shows that he has filed the Vakalatnama and applied for the certified copy on 18.05.2023. 4. Learned counsel for the revisionist has further submitted that inadvertently, the date 18.05.2023 was wrongly mentioned in the folio, which was wrongly applied for certified copy. 5. Having heard learned counsel for the parties and taking into consideration the relevant facts, the impugned ex-parte order dated 20.02.2023 passed by the learned Judge, Family Court, Kashipur, District Udham Singh Nagar in Misc. Criminal Case No. 42 of 2020, Smt. Mansa Devi and Another Vs. Surendra Kumar @ Nitin Kumar filed under Section 125 Cr.P.C and order dated 09.10.2024 passed by Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar is Misc. Criminal Case No. 187 of 2023, Surendra Kumar @ Nitin filed under Section 126(2) of Cr.P.C. is set-aside. 6. Accordingly, Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar is directed to re-consider the application of the revisionist filed under Section 126(2) of Cr.P.C. in Misc Criminal Case No. 187 of 2023 afresh. 7. With the above observation, the present criminal revision stands disposed of. (Alok Mahra J.) 10.03.2025 Ujjwal