NIJAMUDIN v. STATE OF U.P. THRU. PRIN. SECY. HOME DEPTT. U.P. LKO. AND 2 OTHERS
/450/2025 · 2025-09-12
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 163225 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 163225 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION DEFECTIVE No. - 450 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J.
1. Heard Sri Dinesh Kumar Shukla, the learned counsel for the revisionist and 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):-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned judgment and Ex-Party Order Dated 14.09.2022 Passed By Court Of Principal Judge Family Court Gonda,District Gonda In Criminal Case No. 934/2020 Smt. Jareena Bano And Another Vs. Nijamudin under section 125 Cr. P.C by which the learned court below in the interest of justice. It is further prayed that this Hon'ble court may kindly be pleased to stay the impugned Ex- Party Order Dated 14.09.2022 Passed By Court Of Principal Judge Family Gonda District Gonda In Criminal Case No. 934/2020. Smt. Jareena Bano And Another Vs. Nijamudin under section 125 Cr. P.C by which the learned court below in the interest of justice."
3. The instant revision has been preferred alongwith an application (Crl. Misc. Application No. 1 of 2025) seeking condonation of delay of about 995 days challenging the impugned order dated 14.09.2022 passed by the Additional Principal Judge, Family Court, Gonda (in short "Family Court"), whereby, the Family Court awarded meagre amount towards maintenance to the wife and minor son, respectively, of the revisionist from the date of preferring the application under Section 125 Cr.P.C i.e. Rs. 3000/- per month to wife and Rs. 1000/- per month to the son till attaining the age of majority. Versus Counsel for Revisionist(s) : Dinesh Kumar Shukla Counsel for Opposite Party(s) : G.A. Nijamudin .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Deptt. U.P. Lko. And 2 Others .....Opposite Party(s)
4. To condone the huge delay of about 995 days, following averments have been made in the affidavit filed in support of the application seeking condonation of delay:-
"3. That the order dated 14.09.2022 had been passed by learned lower court for maintenance against revisionist pay 3,000/- to the opp. party No. 2 and 1,000/- opposite party No. 3 from date of application against which opp. party No. 2 & 3 further filed application 125 (3) Cr.P.C for recovery of the awarded amount. 4.
That the revisionist is very poor person no any source of income to contest the impugned criminal proceeding within time then when after knowledge just approach to the counsel before learned court below and had filed u/s 126 92) Cr.P.C on 15.07.2023 against order dated 14.09.2022. 5. That on the application aforesaid learned court below after hearing both the parties recall the ex-party order dated 14.09.2022 with cost of Rs. 10,000/- on 07.102.204. 6. That the revisionist is very poor person he did not comply the condition made by learned court below in order dated 07.10.2024 then the application u/s 126 (2) Cr.P.C further rejected on 23.10.2024."
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 instant revision is also dismissed. September 12, 2025 Arun/- CRLRD No. 450 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench