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2025 DAILYLAW 75047 (ALL)

SMT. POOJA SINGH v. STATE OF U.P. AND ANOTHER

CRLR/3621/2025 · 2025-07-30

Subhash Chandra Sharma

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127941 Court No. - 84 Case :- CRIMINAL REVISION No. - 3621 of 2025 Revisionist :- Smt. Pooja Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party no.2 alongwith learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow the revision and to set aside the impugned judgment and order dated 12.06.2025 passed by Principal Judge, Family Court, Bhadohi in Case No.268 of 2025 (Manoj Singh vs. Pooja Singh) under Section 127 of Cr.P.C., Police Station Gopiganj, District Bhadohi and also prays to stay the effect and operation of the order dated 12.06.2025. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is husband of the revisionist. The revisionist is living separate from him with sufficient cause due to neglect on the part of the husband and filed an application for maintenance before the learned trial court with an application for interim maintenance which was decided by the learned trial court on 06.02.2025 fixing the amount of interim maintenance Rs.20,000/- per month and that order was challenged before this Court in Criminal Revision No.1504 of 2025. Further submitted that a withdrawal application was also moved on his part on 29.05.2025 but that is still pending. In the meantime, he filed an application u/s 127 Cr.P.C. for modification of order before the learned trial court making wrongful statement that he has withdrawn the criminal revision as aforesaid against the order passed by learned trial court for interim maintenance. In this situation, the learned trial court passed the order in question dated 12.06.2025 on application u/s 127 Cr.P.C. reducing the amount of Rs.9000/- per month. Further submits that the opposite party no.2 has concealed the facts before the learned trial court and got the order in question passed, therefore, the order dated 12.06.2025 is not sustainable in the eyes of law. Learned counsel for opposite party as well as Learned A.G.A. opposed the prayer as aforesaid but could not dispute the fact that criminal revision against the order for interim maintenance dated 06.02.2025 is still pending with withdrawal application and it has not been finally decided by this Court. Considering the facts and circumstances of the case, submissions made by learned counsel for the parties as well as learned A.G.A., perusal of record and the order passed by the learned trial court, it appears that Criminal Revision No.1504 of 2025 is still pending before this Court regarding which the opposite party no.2 made false statement before the learned trial court that the aforesaid criminal revision has been withdrawn though it is still pending. In this way, the order dated 12.06.2025, being obtained by concealment of facts, cannot sustain in the eyes law, as a result the order dated 12.06.2025 is, hereby, set aside. Accordingly, this criminal revision is allowed. Order Date :- 31.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad