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2025 DAILYLAW 55018 (CHH)

MANRAKHAN SAHU v. SARASWATI SAHU

REVP/101/2025 · 2025-05-01

Shri Parth Prateem Sahu

body2025

Judgment text

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1 2025:CGHC:20129 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR REVP No. 101 of 2025 1 - Manrakhan Sahu S/o Ratiram Sahu Aged About 42 Years R/o Village Ghursen, Tahsil Nawagarh, District Bemetara Chhattisgarh ... Applicant Versus 1 - Saraswati Sahu W/o Manrakhan Sahu Aged About 35 Years Presently Resident At Village Koliha (Kaushalpur), Police Station And Tahsil Simga, District Baloda Bazar Bhatapara Chhattisgarh 2 - Rajeshwari D/o Manrakhan Sahu Presently Resident At Village Koliha (Kaushalpur), Police Station And Tahsil Simga, District Baloda Bazar Bhatapara Chhattisgarh ... Non-Applicants For Applicant : Mr. Aman Pandey, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 02/05/2025 1. This review application is filed under the provisions of Rule 90 read with Rule 87 of the High Court of Chhattisgarh Rules, 2007 challenging the order dated 06.08.2024 in Criminal Revision No. 727/2021 whereby, the Criminal Revision filed challenging the order passed in the application under Section 125 Cr.P.C. came to be allowed in part. The revision petition was filed invoking the provisions under Section 19 (9) read with Section 397 of the Cr.P.C. SHUBHAM DEY Digitally signed by SHUBHAM DEY 2 2. Rule 90 provides for filing of the review application when there is a discovery of new or an important matter or evidence within the meaning of Order 47 Rule 1 of CPC and further Rule 87 provides for civil appeals, review and revisions which is also discussed with the filing of the appeal, review and revision within the provisions of the CPC. 3. As the criminal revision is field against the order arising out of provisions under Section 125 of the Cr.P.C. and further, the revision is filed under the provisions of Section 397 read with Section 40 of the Cr.P.C. under Section 19 (4) of the Family Court Act, 1984 and further considering that the order passed in the criminal revision has already been challenged by the applicant before the Hon’ble Supreme Court in SLP (C) No. 5531/2025 which came to be dismissed on merits, in the opinion of this Court, the review petition is not maintainable. Accordingly, it is dismissed. 4. Certified copy as per rules. Sd/--/--------/--/- (Parth Prateem Sahu) Judge Dey