Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 35460 (ALL)

RADHEY SHYAM ALIAS RADHEY SHAM v. STATE OF U.P. AND 3 OTHERS

A227/3153/2025 · 2025-09-25

Harvir Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD MATTERS UNDER ARTICLE 227 No. - 3153 of 2025 Court No. - 93 HON'BLE HARVIR SINGH, J. 1. Heard learned counsel for the revisionist, learned A.G.A for the State, learned counsel for opposite party nos. 3 and 4 and perused the material on record. 2. By means of this petition Under Article 227 of the Constitution of India, the impugned order dated 25.02.2025 has been assailed by the petitioner, by which the petitioner was directed to pay the amount of maintenance passed in application moved under Section 125 Cr.P.C. vide order dated 31.05.2022, thereafter the petitioner herein moved another Application under Section 126(2) Cr.P.C which was reportedly dismissed in default vide order dated 25.05.2023. Aggrieved by the order dated 25.05.2023 the petitioner herein has moved an Application U/s. 482 No. 39194 of 2023 which is pending adjudication before this Court. However, the petitioner is aggrieved that in case the order dated 25.02.2025 is not stayed, the petitioner shall be bound to pay the regular maintenance to the opposite party no. 3. 3. On the other hand, learned counsel appearing on behalf of the opposite party nos. 3 and 4 has submitted that the petitioner has already availed efficacious remedy by filing an Application U/s. 482 No. 39194 of 2023, in respect of order dated 25.05.2023, which has been passed in Application under Section 126(2) Cr.P.C by the Family Court is still pending. Learned counsel for the opposite party nos. 3 and 4 has further submitted that the petitioner by one or other method has engaged opposite party nos. 2, 3 and 4 in this litigation for no reason and multiple applications or petitions before the Family Court or before this Court has been filed and prayed that this petition be dismissed at this stage. Versus Counsel for Petitioner(s) : Amitabh Agarwal Counsel for Respondent(s) : G.A., Narendra Singh Chahar Radhey Shyam Alias Radhey Sham .....Petitioner(s) State Of U.P. And 3 Others .....Respondent(s) 4. Having regard to the fact that the petitioner herein has availed another efficacious remedy by way of Application U/s. 482 No. 39194 of 2023, in which the subject matter is the same as in the present petition under Article 227 of the Constitution of India. Since the Application U/s. 482 No. 39194 of 2023 has been filed prior to this petition, it shall remain open to the petitioner to move an appropriate application, as provided under law, seeking appropriate relief in Application U/s. 482 No. 39194 of 2023, as the petitioner cannot be permitted to avail multiple remedies on the same cause of action. 5. The present petition is hereby disposed of in terms of above. September 26, 2025 Vikram A227 No. 3153 of 2025 2 (Harvir Singh,J.) Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad