SANJAY KUMAR GAUR v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO AND 3 OTHERS
CRLR/1099/2025 · 2025-10-08
Manjive Shukla
body2025
DailyLaw.ai
[ 2025 DAILYLAW 166971 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 166971 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL REVISION No. - 1099 of 2025 Court No. - 27 HON'BLE MANJIVE SHUKLA, J.
1. Heard Sri Amit Kumar Singh, learned counsel for the revisionist and learned Additional Government Advocate appearing for the State. 2. It has been contended on behalf of the revisionist that initially vide order dated 05.05.2018, passed in Criminal Case No.502 of 2018; Rajni Upadhyaya and others vs. Sanjay Kumar Gaur, direction was issued for payment of interim maintenance to Opposite Parties No.2, 3 and 4 but later on the case filed under Section 125 Cr.P.C. itself had been finally decided vide order dated 24.08.2024 wherein, it had been held that Opposite Party No.2 is not entitled for any maintenance and Opposite Party No.3 from the date she attained the age of majority had seized to be entitled for maintenance. It has further been contended that once, in the final order passed under Section 125 Cr.P.C., it had been held that Opposite Party No.2 i.e. wife is not entitled for any maintenance, there is no occasion for the Family Court to proceed for the recovery of amount of interim maintenance directed vide order dated 05.05.2018. 3. Learned counsel for the revisionist has submitted that Opposite Parties No.2,3 and 4 have filed an application before the Family Court under Section 128 Cr.P.C. for the recovery of amount of interim maintenance. 4. I have considered the submissions made by the learned counsel for the revisionist and I find that if the revisionist has any grievance, he can file Versus Counsel for Revisionist(s) : Amit Kumar Singh, Virijendra Kumar Singh Counsel for Opposite Party(s) : G.A. Sanjay Kumar Gaur .....Revisionist(s) State Of U.P. Thru. Prin. Secy. Home Lko And 3 Others .....Opposite Party(s)
his objections before the Family Court concerned against the application filed under Section 128 Cr.P.C and thereafter, the Family Court shall decide the objections raised by the revisionist. 5. In view of the aforesaid reasons, this criminal revision is disposed of with liberty to the revisionist to file objections against the application filed by Opposite Parties No.2,3 and 4 under Section 128 Cr.P.C., within a period of two weeks from today and if the said objections are filed, the learned Family Court concerned is hereby directed to consider and decide the said objections first and thereafter to proceed to make recovery, if any, from the revisionist.
October 8, 2025 Renu/- CRLR No. 1099 of 2025 2 (Manjive Shukla,J.) Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench Digitally signed by :- RENU AGARWAL High Court of Judicature at Allahabad, Lucknow Bench