Neutral Citation No. - 2025:AHC:88264 Court No. - 79 Case :- CRIMINAL REVISION No. - 4592 of 2024 Revisionist :- Fatma Bano And Another Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Abhishek Singh,Ajeet Kumar Singh,Piyush Tripathi Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionists as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and set aside the impugned order dated 18.07.2024 passed by Additional Principal Judge, Family Court -I, Jaunpur in Case No.1751 of 2021 (Fatma Bano and others vs. Waseem Ahamad) under Section 128 Cr.P.C., Police Station Mungrabadshahpur, District Jaunpur. It is submitted by learned counsel for the revisionists that in this case an application u/s 128 Cr.P.C. was filed before the learned court on 27.10.2021 for recovery of arrears of maintenance from the date of order passed in application application u/s 125 Cr.P.C. dated 16.12.2020. During the pendency of application u/s 128 Cr.P.C. he filed an application u/s 482 Cr.P.C. before this Court for direction of expeditious disposal as a result the order was passed by the learned trial court on 18.07.2024 on the basis of full satisfaction holding that from 16.12.2020 to 27.10.2021 the date on which the application was filed the amount of Rs.40,000/- has already been received by the revisionist. He further submits that from 27.10.2021 to 18.07.2024 the amount of arrears was not taken into consideration and no such order was passed, therefore, request to set aside the order passed by the learned trial court dated 18.07.2024 and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionists have an option to move fresh application before the learned trial court in respect of realization of arrears of maintenance. The learned trial court has not committed any error in passing the order in question since till the date of application the amount of arrears of maintenance was already received by the revisionist. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionists as well as learned A.G.A. and perusal of record, it appears that till the date of application i.e. 27.10.2021 from the date of order in application u/s 125 Cr.P.C. dated 16.12.2020, ten months arrears at the rate of Rs.4000/- per month amounting to Rs.40,000/- in total was already received by the revisionists that was the reason application u/s 128 Cr.P.C. was decided finally on 18.07.2024. There appears no any illegality or impropriety in the order passed by the learned trial court, therefore, it does not warrant any interference by this Court. So far as the recovery of arrears of maintenance from 27.10.2021 is concerned, the revisionists have an option to move fresh application u/s 128 Cr.P.C. before the learned trial court, it will realize the amount from the opposite party adopting procedure prescribed under the law as expeditiously as possible. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 23.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad