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Neutral Citation No. - 2025:AHC:127595 Court No. - 84 Case :- CRIMINAL REVISION No. - 3437 of 2025 Revisionist :- Shiv Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Gyanendra 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. and perusal the material on record. This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and
order dated 28.05.2025 passed by the learned Additional Principal Judge, Family Court, Farrukhabad in Criminal Misc. Case No. 288 of 2024 (Shiv Kumar Vs. Sano and others), under Section 126(2) Cr.P.C., Police Station Mohammadabad, District Farrukhabad. It is submitted by learned counsel for the revisionist that in this case, an ex-parte order was passed by the learned court vide order dated 03.07.2023 under Section 125 Cr.P.C. against which he filed an application under Section 126(2) Cr.P.C. which was allowed by the learned trial court imposing cost Rs. 25,000/- to be paid to the wife through demand draft. Further submitted that the revisionist is poor person and is not in a position to pay Rs. 25,000/- as cost to the wife, therefore, request to reduce the amount. Learned A.G.A. opposed the prayer as aforesaid. On 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 order passed by learned trial court, it appears that the opposite party no. 2, 3 and 4 are wife and minor children of the revisionist. Due to his neglect she is living apart from him and moved an application for maintenance under Section 125 Cr.P.C. It was allowed ex-parte vide order dated 03.07.2025 by the learned trial court against which he filed an application under Section 126(2) Cr.P.C. which was also allowed by the learned trial court for cost Rs. 25,000/- which is to be paid to the wife through demand draft. It is to note that the revisionist has not paid any amount either to the wife or to the minor children.
In this way, the cost Rs. 25,000/- cannot be said to be excessive. Thus, there appears no any illegality or impropriety in the order passed by learned trial court, therefore, it does not warrant interference by this Court but this revision being devoid of merit is liable to be dismissed at the admission stage. Accordingly, this criminal revision is dismissed.
Order Date :- 31.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad