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2025 DAILYLAW 158572 (ALL)

MO. FIROZ KHAN @ FIROZ KHAN v. PRINCIPAL JUDGE, FAMILY COURT, SULTANPUR AND ANOTHER

/486/2025 · 2025-09-23

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 486 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. 1. Heard Sri Sheel Nidhi Shukla, the learned counsel for the revisionist and Sri S.P. Tiwari, learned AGA for the State of U.P. as well as perused the record. 2. The instant revision has been preferred seeking following main relief(s):- "i- Quash order dated 03.02.2025 of fine of rupees 25000 at imposed by the opposite party no 1 at recall Application under section 126 code of criminal procedure 1973 of Revisionist which was registered in court of opposite party no- 2 As miss case no- 1721 of 2023 firoj Khna verses rubina Bano. ii- Quash order dated 18.03.2025 which was passed by the opposite parity no 1 in case of firoj khan verses rubina bano miss case no- 1721/2023. iii- Pass order to opposite party no- 1 for re- call ex party order dated 13.09.2023 which was passed in the case of rubina bano verses firoj khan and ors and decide this case at merit." 3. The instant revision has been preferred alongwith an application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay of about 100 days challenging the impugned order(s) passed by the Principal Judge, Family Court, Sultanpur (in short "Family Court"). 4. To condone the huge delay of about 100 days, following averments have Versus Counsel for Revisionist(s) : Sheel Nidhi Shukla, Priya Mishra Counsel for Opposite Party(s) : Mo. Firoz Khan @ Firoz Khan .....Revisionist(s) Principal Judge, Family Court, Sultanpur And Another .....Opposite Party(s) been made in the affidavit filed in support of the application seeking condonation of delay:- "1- That the Revisionist present the Revision before this Hon'Ble court agents order Dated - 03.02.2025 and 18.03.2025 Passed By the Principal Judge Family Court Sultanpur In case of Rubina Bano vs Firoj Khan, under section 126 Code of Criminal Procedure, case No- 1721/2025. 2- That the filling of criminal revision by the revisionist has 100 days delay, this delay has held because revuisionest was filed Appication under section 528 of bharteey nagrik suraksha sanhita 2023 Application number......Title Mo. Firoz Khan @ firoz Khan verses Principal Judge Family Court Sultanpur and ors taking withdraw and after filed this revision by the Revisionist. 3- That the in above mentioned circumstances, it is absolutely necessary in the interest of justice to condone delay if filling Revision." 5. 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 revision is also dismissed. September 23, 2025 Arun/- CRLRD No. 486 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench