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2025 DAILYLAW 156991 (ALL)

NUZRATUL ISLAM @ DR. NUZRATUL ISLAM v. STATE OF U.P. THRU. ADDL. CHIEF SECY./PRIN. SECY. DEPTT. OF HOME LKO. AND 2 OTHERS

CRLRD/421/2025 · 2025-08-25

Saurabh Lavania

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 421 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the revisionist and learned AGA for the State of U.P. as well as perused the record. The instant revision has been preferred seeking following main relief(s):- "Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned order dated 14/02/2024 passed by the Ld. Additional Principal Judge, Family Court Room No. 4, District Lucknow in Criminal Misc. Case No. 1156 of 2022; Dr. Joya Zameer Vs. Dr. Nuzratul Islam, under Section 125 of Cr.P.C., whereby the Ld. Court awarded Rs. 11,000/- per month as Interim Maintenance till final disposal of the case, in the interest of justice." The instant revision has been preferred alongwith an application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay of about 448 days challenging the impugned order dated 14.02.2024 passed by the Additional Principal Judge, Family Court, Room No. 4, Lucknow (in short "trial court"). To condone the huge delay of about 448 days, following averments have been made in the affidavit filed in support of the application seeking condonation of delay:- "2- That the present criminal revision could not file within time because the revisionist has filed an application on 18/12/2024 under Section 127 of Cr.P.C. against the impugned order before the Ld. Family Court which Versus Counsel for Revisionist(s) : Chandan Srivastava, Abhishek Pratap Singh, Anil Kumar Verma, Lavkush Yadav Counsel for Opposite Party(s) : G.A. Nuzratul Islam @ Dr. Nuzratul Islam .....Revisionist(s) State Of U.P. Thru. Addl. Chief Secy./Prin. Secy. Deptt. Of Home Lko. And 2 Others .....Opposite Party(s) is already annexed with the affidavit filed in support of application for interim relief. 3- That the Ld. Family Court on 17/01/2025, without considering the aforesaid application dated 18/12/2024 on merit, directed the revisionist to pay the interim maintenance, failing which recovery proceedings would be initiated. The true copy of the order dated 17/01/2025 is already filed as Annexure No. 5 with the affidavit filed in support of application for interim relief. 4- That on 28/03/2025, the Ld. Family Court fixed 02/06/2025 for compliance of previous order. The true copy of the order dated 28/03/2025 is already filed as Annexure No. 6 with the affidavit filed in support of application for interim relief. 5- That as the learned Family Court failed to consider the application dated 18/12/2024, the revisionist was compelled to seek legal advice regarding the available reliefs against the impugned order dated 14/02/2024. Pursuant thereto, he was advised to challenge the impugned order by filing a criminal revision petition before this Hon'ble Court." To the view of this Court, the aforesaid averments made in the affidavit filed in support of the application seeking condonation of delay are completely misconceived. Thus, the application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay in filing the instant revision is accordingly rejected. Consequently, the instant revision is also dismissed. August 25, 2025 Arun/- CRLRD No. 421 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench