Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 243 of 2018 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard Shri Vyas Narayan Shukla, learned counsel for the revisionist, Shri Ajay Kumar Srivastava, learned A.G.A. and perused the record. 2. The instant revision has been filed seeking the following relief:-
"Wherefore, it is most respectfully prayed that the Hon'ble Court may kindly be pleased to allow the revision and set aside the order dated 23.01.2018 passed in Criminal Misc. Case No.193/2014 whereby learned court has issued the recovery warrant against the revisionist."
3. Brief facts, in brief, are that the marriage between the revisionist and opposite party no.3 was solemnized on 06.02.2003 and from the said wedlock a son was born out on 28.011.2013. Due to matrimonial dispute, the opposite party no.3 left the house of the revisionist along with his child. Thereafter, opposite party no.3 filed an application 125 Cr.P.C. before the concerned court, registered as Case No.202 of 2008 in which the revisionist filed objection and thereafter the said case was finally dismissed vide order dated 14.01.2014. It is alleged that due to ailment of his mother, the revisionist could not appear before the trial court due to which the case was decided ex parte. Being aggrieved, the revisionist filed an Application u/s 482 Cr.P.C. No.8063 of 2017, which was disposed of vide order dated 06.12.2017 after considering the fact that the application dated 12.08.2016 under Section 126 Cr.P.C. preferred by the revisionist is pending, which in terms of order of this Court dated 06.12.2017 was dismissed on 23.01.2018. Hence the present revision. 4. Order dated 23.01.2018 reads as under:
"पत्रावली पेश हुई। पुकार पर आवेिदका के िवद्वान अिधवक्ता उपिस्थत। िवगत आदेश के प्रकाश में िवपक्षी के िवरूद्व िरकबरी अिधपत्र अंकन 12,10,000 रूपये भरण पोषण धनरािश बकाया होने का शपथ पत्र आवेिदका की ओर से प्रस्तुत िकया गया, जो पत्रावली में संलग्न है। चूंिक िवपक्षी उपिस्थत नही है। अतः ऐसी िस्थित में शपथ पत्र पर िवश्वास करते हुए अंकन Versus Counsel for Revisionist(s) : Ram Prakash Tripathi, Ramabhilash Maurya, Vyas Narayan Shukla Counsel for Opposite Party(s) : Govt. Advocate, Vijai Shankar Tripathi Anil Kumar Agrahari .....Revisionist(s) State Of U.P. And 3 Ors. .....Opposite Party(s)
12,10,000 रूपये की वसूली हेतु गैर जमानतीय अिधपत्र, िरकबरी अिधपत्र जारी हो। पत्रावली िदनांक 24.02.2018 को पेश हो ।"
5.
Considering the aforesaid as also the undisputed fact that final order dated 14.01.2014 passed in Maintenance Case No.202 of 2008 has not been challenged and only the consequential order dated 23.01.2018 has been challenged, I do not find any force in this revision. 6. The instant revision is accordingly dismissed. No order as to costs. 7. The copy of the order be sent to the trial court concerned forthwith. August 25, 2025 Anand/- CRLR No. 243 of 2018 2 (Saurabh Lavania,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench