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2025 DAILYLAW 158437 (ALL)

RAM KRISHAN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. LKO. AND 2 OTHERS

CRLRD/411/2025 · 2025-08-21

Saurabh Lavania

body2025

Judgment text

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Neutral Citation No. - 2025:AHC-LKO:49121 Court No. - 11 Case :- CRIMINAL REVISION DEFECTIVE No. - 411 of 2025 Revisionist :- Ram Krishan Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And 2 Others Counsel for Revisionist :- Avinash Mishra Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Finding reasons indicated in the affidavit filed in support of the application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay in preferring the instant revision to be satisfactory, the application is allowed. Delay is condoned. 2. Heard learned counsel for the revisionist and Sri Badrul Hasan, learned AGA for the State of U.P. as well as perused the record. 3. By means of the instant revision, the revisionist has assailed the order dated 23.04.2025 passed by the Additional Principal Judge, Family Court, Ayodhya (in short "Family Court") in Case No. 168 of 2021 (Rekha Nishad and another vs. Ram Krishan). 4. From the facts available on record, it transpires that the application under Section 125(3) Cr.P.C. was preferred for recalling/modifying the order dated 28.10.2021 passed in Case No. 281 of 2016 preferred by the private opposite parties under Section 125 Cr.P.C. The application preferred by the revisionist under Section 125(3) Cr.P.C. has not been placed on record. However, the order impugned dated 23.04.2025 indicates that the same was moved making allegations therein that the opposite party No. 2 has solemnized second marriage. 5. To establish the aforesaid, neither the decree of divorce has been brought on record by the revisionist nor any other evidence has been placed on record. 6. In view of the aforesaid, the reasons given by the Family Court for rejecting the application preferred by the revisionist under Section 125(3) Cr.P.C. in the impugned order dated 23.04.2025, to the view of this Court, are justified. The instant revision is accordingly dismissed. Cost made easy. Order Date :- 21.8.2025 Arun/- Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench