Neutral Citation No. - 2025:AHC:67038 Court No. - 79 Case :- CRIMINAL REVISION No. - 4278 of 2024 Revisionist :- Shailesh Kumar Raina Opposite Party :- State Of Up And 2 Others Counsel for Revisionist :- Dhirendra Pratap 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 perused the material on record. This criminal revision has been filed with a prayer to allow the revision and quash/set aside the order dated 29.05.2024 passed by the Principal Judge, Family Court-II, Gorakhpur, in Criminal Case No. 429 of 2022 (Smt. Sanju Vs. Shailesh Kumar) under Section 128 of Criminal Procedure Code. It is submitted by learned counsel for the revisionist that in this case he is husband of opposite party no. 2 and father of opposite party no. 3 in whose favour maintenance allowance was granted by the learned trial court fixing the amount Rs. 13,000/- per month out of which Rs. 8,000/- for the wife and Rs. 5,000/- for the daughter. He further submits that daughter has become major from the date 03.03.2022, therefore, she is not entitled for getting the amount of maintenance. He also submits that he has already paid the entire amount to the opposite party nos. 2 and 3 and amount has been deducted from his account. Though he orally stated this fact before the learned trial court but it was not considered and order dated 29.05.2024 was passed for recovery of the amount Rs. 2,17,000/- which cannot be said to be lawful, therefore, request to set it aside. 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. and perusal of record, the order passed by the learned trial court, it appears that an application for recovery of amount of arrears of maintenance was moved by opposite party no. 2 before the learned trial court under Section 128 Cr.P.C. The revisionist did not file any written objection mentioning the fact that he has paid the entire amount of arrears to the wife and the daughter but made his submission orally. He has also not filed the details of deduction from his account in this regard as is clear from the order passed by the learned trial court dated 25.05.2024 and for the deduction of amount of arrears letter has been written to the head of department of the revisionist. In view of submission made by learned counsel for the revisionist that he has paid entire amount of arrears of maintenance to the opposite party nos. 2 and 3. He is directed to move an application within a period of two weeks from today before the learned court concerned with details of payment made by him or the deductions from the account. The learned trial court will recall the order and pass the order afresh after calculating the amount paid/unpaid after giving opportunity of hearing to both the parties. Accordingly, this revision is disposed of finally at the admission stage itself. Order Date :- 30.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad