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2025 DAILYLAW 192693 (ALL)

BHURI SINGH v. State of U.P. AND 3 OTHERS

CRLR/5365/2024 · 2025-10-16

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Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5365 of 2024 Court No. - 89 HON'BLE MADAN PAL SINGH, J. 1. Case called out in the revised call. None has appeared on behalf of the opposite party no.2 to press the present revision. Hence this criminal revision is being decided after hearing the arguments of learned counsel for the revisionist as well as learned AGA. 2. Heard Sri Sanjeev Mishra, Advocate holding brief of Sri Ms. Nandani Pandey, learned counsel for the revisionist and learned AGA for the State. 2. This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist for enhancement of the maintenance amount awarded vide judgment and order dated 07.09.2024 passed by the Additional Principal Judge, Family Court, Mathura in Case No. 878 of 2019 (Smt. Sushila and Ors. Vs. Bhuri Singh), under Section 125 Cr.P.C., whereby the trial court has directed the revisionist to pay Rs. 4,000/- per month in total in favour of the opposite party nos.2 to 4 towards interim maintenance. 3. From the impugned order, it transpires that revisionist is Truck driver and earns handsome amount. The interim maintenance allowance to the tune of Rs. 4000/- per month in total has been awarded by the trial court only on the basis of prima facie opinion by considering the above income of the revisionist. The application filed by the revisionist under Section 125 Cr.P.C. is pending consideration before the court below for final adjudication and the same shall be decided after oral as well as documentary evidence have to be led. During the course of trial the parties will have ample opportunity to file their respective evidence before the trial court. 4. Keeping in view of the facts of the present case and in the considered opinion of this Court the impugned order does not suffer from any illegality Versus Counsel for Revisionist(s) : Nandini Pandey Counsel for Opposite Party(s) : G.A. Bhuri Singh .....Revisionist(s) State Of U.P. And 3 Others .....Opposite Party(s) or infirmity and calls for no interference by this Court. 5. Accordingly, the instant criminal revision is dismissed. 6. However, considering the facts and circumstances of the case, and upon prayer made by the learned counsel for the revisionist, the trial court shall conclude and decide the application filed under Section 125 Cr.P.C. expeditiously, preferably within a period of six months from the date of the production of a certified copy of this order. October 17, 2025 Akbar CRLR No. 5365 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad