HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH ?Court No. - 12 Case :- U/S 482/378/407 No. - 1548 of 2000 Petitioner :- Kasim Ali Respondent :- State Of U.P.And Another Petitioner Counsel :- Avadhesh Kumar Respondent Counsel :- Govt.Advocate Hon'ble Ravindra Singh,J.
This matter is listed in the cause list as peremptorily. But the counsel for the applicant has sent his illness slip, the same is not accepted.
This application has been filed with a prayer to set aside the order dated 9.11.2000 passed by learned VII-Addl. Sessions Judge, Lakhimpur Kheeri whereby the revision filed by the applicant was dismissed and the order dated 24.10.1998 passed II-A.C.J.M. Lakhimpur Kheeri in Misc. Criminal Case No. 223 of 1998 under section 125 Cr.P.C. has been allowed and the applicant has been directed to pay the amount of Rs. 500/- per month as maintenance allowance to O.P.No. 2 Smt. Shalimunissan from the date of the application under section 125 Cr.P.C.
From the perusal of the record it appears that O.P. No. 2 filed an application under section 125 Cr.P.C. in the court of learned Magistrate concerned, the same was allowed on 24.10.1998 and the applicant was directed to pay the Rs. 500/- per month to the O.P. No. 2 from the date of the application. The learned trial court has recorded the finding that O.P. No. 2 is wife of the applicant and she was not able to maintain herself. The impugned order dated 24.10.1998 is not suffering from any illegality or irregularities. The same has been confirmed by the revisional court by dismissing the revision on 9.11.2000 passed by VII-Addl. Sessions Judge in Criminal Revision No. 183 of 1998. The learned revisional court has also not committed any error in dismissing the revision filed by the applicant. There is no error in the impugned orders dated 24.10.1998 and 9.11.2000. The prayer for quashing the impugned orders is refused.
It is submitted by learned counsel for O.P.No. 2 that the applicant is not paying the maintenance allowance regularly in compliance of the order dated 19.12.2000 passed by another bench of this court. In support of the order the applicant deposited the amount of Rs. 6,000/- in the court concerned, the same has not been paid to the O.P.No. 2.
Considering the submission made by learned counsel for the O.P. No. 2, the interim order dated 19.12.2000 is hereby vacated. In case the amount of Rs. 6,000/- deposited by the applicant has not been paid to the O.P. No. 2, the same shall be kept and for realising the maintenance allowance the court concerned shall proceed further in accordance with law.
Accordingly this application is dismissed.
Let a copy of this order be communicated to the court concerned through District & Sessions Judge, Lakhimpur Kheeri forthwith for the compliance.
Order Date :- 22.5.2012 RPD