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2025 DAILYLAW 53946 (ALL)

ABHISHEK BAJPEYEE v. STATE OF U.P. AND ANOTHER

CRLR/5360/2023 · 2025-03-04

Ram Manohar Narayan Mishra

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Judgment text

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Neutral Citation No. - 2025:AHC:37662 Court No. - 80 Case :- CRIMINAL REVISION No. - 5360 of 2023 Revisionist :- Abhishek Bajpeyee Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Manvendra Singh,Shive Datta Yadav Counsel for Opposite Party :- Bhavesh Singh Jadaun,G.A.,Satya Dheer Singh Jadaun Hon'ble Ram Manohar Narayan Mishra,J. 1. None appeared for the revisionist in the revised call. However, Sri Dipanshu Jadaun, holding brief of Sri Bahwesh Singh Jadaun, learned counsel for opposite party no. 2 is present. Learned AGA is also present. 2. Learned counsel for opposite party no. 2 has drawn attention of the Court to the order dated 16.10.2024 passed by this Court, whereby revisionist has been directed to file an affidavit disclosing his income. Learned counsel for opposite party no. 2 states that till date, no such affidavit has been filed in compliance of the order dated 16.10.2024 and on 18.11.2024 this Court has observed that it appears that in compliance of the order dated 16.10.2024, a supplementary affidavit has been filed by the revisionist but this affidavit does not disclose his income, assets and liabilities. There appears to be clear defiance of the order passed by this Court and directed the revisionist to appear in person on the next date fixed. On 2.12.2024 this Court further observed that in compliance of this Court's order dated 16.10.2024, Sri Abhishek Bajpeyee (revisionist) is present in person before this Court. Learned counsel appearing for the revisionist sought a week's time to file affidavit in terms of the order dated 16.10.2024 and date was fixed and the matter was directed to be listed on 10.12.2024. 3. The matter was next listed on 10.2.2025. On that date, this Court further observed that none appeared on behalf of revisionist even in the revised call. The Court observed that inspite of obtaining time on 2.12.2024 and 3.1.2025, revisionist has not filed affidavit of assets and liabilities in terms of this Court's order dated 16.10.2024. 4. Heard learned counsel for opposite party no. 2 and learned AGA for the State. 5. This revision has been filed by the revisionist against the judgement and order dated 27.6.2023 passed by Additional Principal Judge, Family Court No. 4, Kanpur Nagar in Case No. 378 of 2017, CNR No. UPKN020015292017 (Smt. Neelima Bajpayee Versus Abhishek Bajpeyee), under Section `125 CrPC, whereby the application for maintenance filed by opposite party no. 2 has been partly allowed and revisionist Abhishek Kumar Bajpeyee has been directed to pay Rs. 3000/- per month towards maintenance from the date of judgement. 6. The trial Court has further observed in the operative portion of the impugned judgement and order that in respect of maintenance claimed from the date of filing of the application for maintenance to the date of judgment, the order dated 16.4.2019 will be effective. By the order dated 16.4.2019, application 22 Ga for interim maintenance has been rejected, therefore, it appears that the maintenance has been awarded to the wife / opposite party no. 2, herein, from the date of judgement, i. e. 27.6.2023, not from the date of application on the ground that the applicant has already been awarded maintenance in the proceedings under Section 12 of the Protection of Women From Domestic Violence Act vide order dated 11.9.2018 passed by Additional Chief Metropolitan Magistrate, II, Kanpur Nagar in Complaint Case No. 23530 of 2017; Smt. Nilima Bajpei Versus Abhishek Kumar Bajpei and others. 7. Considering the submission made by learned counsel for opposite party no. 2 and taking into consideration the attitude of the revisionist in not complying with the repeated orders passed by this Court, disclosing his income, assets and liabilities, I find that the revisionist is not entitled for any indulgence by this Court. 8. Hence, the present revision is dismissed. Order Date :- 5.3.2025 HR Digitally signed by :- HEMANT RANJAN High Court of Judicature at Allahabad