Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:85066 Court No. - 79 Case :- CRIMINAL REVISION No. - 1310 of 2025 Revisionist :- Om Hari Alias Tinku Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Sanjeev Mishra Gana Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A for the State and perused the record. This criminal revision has been filed by the revisionist with a prayer to set aside the order dated 3.03.2025 recovery warrant as well as Non Bailable Warrant issued by the Principal Judge, Family Court, Shahjahanpur in Case No.673 of 2022 (Smt. Sushma Devi and another Vs. Om Hari alias Tinku), under section 128(3) Cr.P.C, Police Station Kotwali, District Shahjahanpur.
Learned counsel for the revisionist submits that in this case he is regularly paying Rs.5000/- per month as maintenance and appearing before learned trial court. He further submits that on 3.3.2025 he has paid Rs.5000/- per month as amount of maintenance before the learned trial court, even though N.B.W/R.W was issued. He further submits that he works as an Advocate and due to issuance of N.B.W/R.W he is unable to appear before the Court and it is affecting his profession adversely and he is not in a position to make payment of amount of maintenance, therefore, request to set aside the order of N.B.W/R.W. and the amount of arrears be divided in easy instalments for making payment. Learned A.G.A has no objection in this regard. Considering the submissions made by learned counsel for the revisionist as well as learned A.G.A, perusal of record and the
order sheet, it appears that in every month the revisionist is making payment of Rs.5000/- per month without any failure. On 3.3.2025 he deposited Rs. 5000/- in the Court, even though NBW/RW was issued for recovery of amount of maintenance. In this regard it is to note that the revisionist is an advocate and making practice but due to NBW/RW he is being affected and is under apprehension that he will be arrested by the police, therefore, it is expedient and also in the interest of justice for both
the parties to divide the amount of arrears of maintenance in fifteen equal instalments those will be paid with current amount of maintenance before the learned trial court month to month and in the meantime the order dated 3.3.2025 issuing NBW/RW will remain in abeyance. Accordingly, this revision is disposed of.
Order Date :- 20.5.2025 G.S Digitally signed by :- GHAN SHYAM High Court of Judicature at Allahabad