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2025 DAILYLAW 158011 (ALL)

SUMIT PANDEY v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND ANOTHER

CRLRD/413/2025 · 2025-09-10

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 413 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard. Present revision has been filed for the following main relief:- "Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to summon the Lower Court Record, allow the present revision and set aside the judgment and order dated 12.3.2025 passed by the Gram Nyayalaya, Amethi, Sultanpur in Criminal Case No. 54 of 2022 "Shivangi Tiwari Versus Sumit Pandey" Under Section 125 Cr.P.C., in the interest of justice." Opposite Party No. 2-Shivangi Tiwari is present before this Court and has been duly identified by Sri A.K. Mishra, Advocate. Today, when the case called out, learned counsel for the revisionist says that the amount, indicated in the order dated 21.08.2025 i.e. Rs. 40,000/- which was to be given to the Opposite Party No.2 for the purposes of settlement of the dispute amicably by way of mediation, has not been arranged by the revisionist and he says that the matter may be heard on its merits. On the other hand, Sri A.K. Mishra, learned counsel for the opposite party No.2 says that the order dated 12.03.2025, which has been challenged by means of instant revision, has already been recalled by the Court concerned. Thus, the present revision should be dismissed with exemplary costs. The certified copy of the order dated 09.07.2025 recalling the order dated 12.03.2025 in issue in the instant revision, has been placed before this Court, which is taken on record. The operative portion of the order dated 09.07.2025 reads as under:- "प्राथीर्/ प्रथमपक्ष द्वारा प्रस्तुत प्राथर्नापत्र अन्तगर्त धारा 126 जा०फौ०, मु० 5,00/-(पांच सौ Versus Counsel for Revisionist(s) : Ravi Shanker Tripathi Counsel for Opposite Party(s) : G.A., Arvind Kumar Mishra Sumit Pandey .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) रूपए) हजेर् पर स्वीकार िकया जाता है। न्यायालय द्वारा पािरत आदेश/ एकपक्षीय िनणर्य िदनांिकत 12.03.2025 िनरस्त िकया जाता है। हजार् अिवलम्ब अदा िकया जाय। हजार् अदा करने के उपरान्त ही आदेश िदनांिकत 12.03.2025 िनरस्त समझा जाय। मूल पत्रावली तलब हो। पत्रावली वास्ते अिग्रम कायर्वाही िदनांक- 16.07.2025 को पेश हो।" From the aforesaid, it is apparent that the order dated 12.03.2025 has already been recalled on the payment of cost of Rs. 500/-. Considering the aforesaid, this Court is of the view that the present revision is liabel to be dismissed with a cost. It is accordingly dismissed with cost of Rs.10,000,/- which shall be deposited by the revisionist before the Family Court concerned within 10 days from today. In case the amount aforesaid is not deposited by the revisionist, the same shall be recovered from the revisionist as arrears of land revenue. The amount aforesaid i.e. Rs. 10,000/- shall be released by the Court concerned in favor of the opposite party No.2 upon being recovered. September 10, 2025 Vinay/- CRLRD No. 413 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad, Lucknow Bench