HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 431 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. C.M.A. No.1 of 2025 (Application for Condonation of Delay) 1. Heard Shri Gulam Rabbani, Advocate, holding brief of Shri Anand Kumar Srivastava, learned counsel for the revisionist, learned A.G.A. for the State and perused the record. 2. By means of instant revision filed along withi C.M.A. No.1 of 2025 (Application for Condonation of Delay), under consideation, the revisionist/ Vijay Ram Verma has challenged/impeached the order dated 28.04.2022 passed by the Principal Judge, Family Court, Balrampur (in short "Family Court") in Criminal Misc. Case No. M353 of 2019 (Rajkumari @ Vinita Devi Vs. Vijay Ram Verma) instituted in terms of Section 125 Cr.P.C. 3. It is to be noted that vide order dated 28.04.2022, the Family Court awarded Rs.3000/- per month to the opposite party no.2/Rajkumari @ Vinita Devi towards maintenance from the date of preferring the application under Section 125 Cr.P.C. i.e. 07.08.2019. The operative portion of the order dated 28.04.2022 reads as under:- "प्रािथनी राजकु मारी उफर् िवनीता की ओर से प्रस्तुत प्राथर्ना पत्र अन्तगर्त धारा 125 दं०प्र०सं० एक पक्षीय आंिशक रूप से स्वीकार िकया जाता है। िवपक्षी िवजय राम वमार् को आदेिशत िकया जाता है िक वह मा० उच्चतम न्यायालय द्वारा पािरत िनणर्य रजनेश बनाम नेहा व अन्य (2021) 2 S.C.C. 324 के अनुपालन में प्रकीणर् वाद दािखल करने की ितिथ से प्रािथनी राज कु मारी उफर् िवनीता को मु०-3,000/-रूपये (तीन हजार रूपये) प्रितमाह भरण पोषण भत्ते के रूप में अदा करे। भरण पोषण भत्ते की अदायगी प्रत्येक माह की दस तारीख तक देय होगी।" 4. For condoning the delay of 1119 days in the affidavit filed in support of application under consideration the revisionist has stated as under. "3. That the revisionist is poor labour and by doing labour work he is earning his livelihood and earlier on account of financial crisis the revisionist could not filed the instant criminal revision before this Hon'ble Court within time. There is no intentional or deliberate delay has been caused by the revisionist. 4. That the impugned order passed by the court below suffers from the manifest error of Versus Counsel for Revisionist(s) : Anand Kumar Srivastava Counsel for Opposite Party(s) : G.A. Vijay Ram Verma .....Revisionist(s) State Of U. P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) law apparent on the face of the record, if same is permitted to stand would occasion a failure of justice causing irreparable loss and injury to the revisionist. The revisionist has every hope of success in the criminal revision. 5. That now after arranging necessary funds and paper as well as after its preparation the revisionist is filing present criminal revision today, therefore, the delay in filing instant revision is neither deliberate nor intention and occurred under the circumstances beyond the control of revisionist, which is liable to be condoned by this Hon'ble Court in the interest of justice." 5. From a bare perusal of the above, referred paras of the affidavit filed in support of application under consideration, it is apparent that the explanation given in same to condone the delay of 1119 days is completely vague and misconceived and therefore this Court is of the view that no indulgence in the matter is required. 6. Having observed as above and also taking note of the meagre amount, i.e. Rs.3,000/- per month awarded by the Family Court to the opposite party no.2 vide order under challenge dated 28.04.2022 and also the findings recorded by the Family Court on the issue nos.1 to 6 framed therein more particularly on issue no.2 to 6, as per which, under compelling circumstances on account of ill-treatment by the revisionist, the opposite party no.2 was compelled to live separately, this Court finds that the instant revision is liable to be dismissed. It is accordingly dismissed. August 27, 2025 Anand/- CRLRD No. 431 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench