Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 34104 (ALL)

AVINASH KUMAR v. STATE OF U.P. AND 2 OTHERS

CRLR/1388/2025 · 2025-04-03

Subhash Chandra Sharma

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:48064 Court No. - 79 Case :- CRIMINAL REVISION No. - 1388 of 2025 Revisionist :- Avinash Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Mohammad Abid Ali Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the parties and perused the record. It is submitted by the learned counsel for the revisionist that in this case the opposite party nos. 2 and 3 are wife and son. It is further argued that he is an unemployed person, working as waiter in 'Amiya Hotel' and getting Rs. 8500/- per month. There is no other source of income. It is also argued that learned trial court has awarded the amount of interim maintenance to the wife and son Rs.2000/- and Rs. 1500/- per month respectively, which is in excess, therefore, request to set aside the order dated 28.01.2025 and allow the revision. Learned A.G.A. opposed the prayer. Considering the facts and circumstances of the case, submissions made by the learned counsel for the revisionist as well learned A.G.A., perusal of the record and order passed by the learned trial court, it appears that opposite party no.2 is wife of the revisionist and opposite party no.3 is minor son. They are living separately from the revisionist, as he was neglecting them, so present application under Section 125 Cr. P.C. was filed with an application for interim maintenance. After hearing both the parties, learned Trial court has passed the order in question on the basis of the statement made by the revisionist that he is earning Rs. 8500/- per month by working as Waiter in Hotel, though he has not filed any affidavit before the Court in compliance of the order passed in the case of Rajnesh Vs. Neha and others Criminal Appeal No. 730 of 2020. The amount of Rs. 2000/- and Rs. 1500/- per month cannot be said to be in excess, but it may be less than daily need. In view of the above, there appears no illegality or impropriety in the order passed by the learned trial court. The revision is devoid of merit and it is liable to be dismissed at admission stage. Accordingly, the present revision is dismissed. Order Date :- 4.4.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad