Smt.Irfana vs State Of U.P.& Another.
2012 Latest Caselaw 1922 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 12
 

 
Case :- CRIMINAL REVISION No. - 422 of 2001
 

 
Petitioner :- Smt.Irfana
 
Respondent :- State Of U.P.& Another.
 
Petitioner Counsel :- M.M.Salam
 
Respondent Counsel :- Govt.Advocate,Tripathi B.G. Balak
 

 
Hon'ble Ravindra Singh,J.

List is revised.

Learned counsel for the revisionist is not present.

Heard learned A.G.A. and perused the record.

This revision has been filed against the judgement and order dated 3.8.2001 passed by learned Addl. Sessions Judge, Court No. 1 Barabanki in criminal revision No. 9 of 2001 whereby the revision filed by the O.P. No. 2 has been allowed by setting aside the order dated 20.12.2000 passed by learned A.C.J.M. Barabanki in case No. 400 of 1999.

From the perusal of the record it appears that in the present case  the revisionist moved an application under section 125 Cr.P.C., she is wife of O.P. No. 2, the revisional court allowed the application under section 125 Cr.P.C.  and O.P.No. 2 was directed to pay the amount of Rs. 500/- per month to the revisionist as maintenance allowance. The order dated 20.12.2000 granting the maintenance allowance  has been challenged  by O.P. No. 2 by way of filing the criminal revision No. 9 of 2001 but without any proper reason the revisional court  has interfered  in the order passed by learned trial court and allowed the revision filed by O.P. No. 2.

There is no finding that revisionist was able to maintain herself and he is not wife of O.P. No. 2. The impugned order dated 3.8.2001 is illegal and the same is hereby set aside.

Accordingly this revision is allowed.

Let a copy of this order be communicated to court concerned.Accordingly the correction application is allowed.

Order Date :- 18.5.2012

RPD