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Neutral Citation No. - 2025:AHC:128883 Court No. - 84 Case :- CRIMINAL REVISION No. - 2604 of 2025 Revisionist :- Priyanka Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ajay Kumar Singh 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 material on record. This criminal revision has been revision has been filed with prayer to allow the instant criminal revision and set aside the impugned
order dated 08.04.2025 passed by learned Principal Judge, Family Court, Mau in Case No.1144 of 2022 (Priyanka Singh vs. Anil Kumar Singh), under Section 128 Cr.P.C. and allowed the aforesaid case. It is submitted by learned counsel for the revisionist that in this case the applications u/s 128 Cr.P.C. for recovery of arrears of maintenance was filed before the learned trial court that was registered as Case No.1144 of 2022 and 1145 of 2022 which was decided by the order dated 08.04.2025 and both the applications were rejected by the learned trial court erroneously, therefore, request to set aside the order as aforesaid and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order dated 08.04.2025 passed by the learned trial court, it appears that a case u/s 128 Cr.P.C. was filed by the revisionist for recovery of amount of maintenance Rs.21,000/- and Rs.7000/- and this case was registered as Case No.249/2019 that was finally decided on 19.12.2022 on full satisfaction. The revisionist has claimed the same amount in the application no.1144/22 and 1145/22. The same amount cannot be
directed to be realized twice. The learned trial court has considered the facts of the case that the application relating to the realization of amount of Rs.21,000/- and Rs.7000/- were already decided on 19.12.2022 on full satisfaction, therefore, the same amount cannot
be realized again. In this way, there appears no any illegality or impropriety in the order passed by the learned trial court but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed.
Order Date :- 1.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad