Smt.Gangotri Yadav And Another vs State Of U.P.And Another
2013 Latest Caselaw 2079 ALL

Citation : 2013 Latest Caselaw 2079 ALL
Judgement Date : 14 May, 2013

Allahabad High Court

Smt.Gangotri Yadav And Another vs State Of U.P.And Another on 14 May, 2013

Bench: Ravindra Singh




HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 4
 

 
Case :- U/S 482/378/407 No. - 513 of 2007
 

 
Petitioner :- Smt.Gangotri Yadav And Another
 
Respondent :- State Of U.P.And Another
 
Petitioner Counsel :- Sanjay Tripathi
 
Respondent Counsel :- Govt.Advocate,Anil K.Tripathi
 

 
Hon'ble Ravindra Singh,J.

Heard learned counsel for the applicants and learned A.G.A.

This applicatin has been filed with a prayer to set aside the order dated 8.2.2002 passed by learned Addl Sessions Judge, Court No. 3 Sultanpur n criminal Revison No. 621 of 2006 whereby the order passed by learned Specil Civil Judge (J.D.)/ Judicial Magistrate, Kadipur, District Sultanpur in Criminal case No. 4 of 2006 granting the interim maintenance allowance has been set aside.

From the perusal of the record it appears that in the present case an application under section 125 Cr.P.C. has been filed by the applicant, the same has been allowed by learned Addl. Civil Judge (Jr. Div.),/ Judicial Magistrate, Kadipur, District Sultanpur on 29.7.2006 directing that respondent No. 2 shall the interim maintenance allowance at the rate of Rs.300/- per month to the applicant No. 1. The impugned order dated 29.7.2006 has been challenged by O.P.No. 2 by way of filing the Criminal Revision No. 621 of 2006, the same has been allowed by Addl. Sessions Judge, Court No. 3 Sultanpur where in the present case the controversy involved whether order granting interim maintenance allowance is revisable, for which it is submitted by learned counsel for the applicant that neither it is final order nor it is revisable order. IN such circumstance, it is not revisable.

In reply of the above contention it is submitted by learned A.G.A. and Sri Anil Kumar Tripathi that the impugned order is a material order and the same is revisable, but the order granting the interim maintenance allowance is not a final order, it is illegal order, therefore, it is not revisable. In such a situation the order passed by learned revisional court dated 28.2.2007 is illegal, the same is hereby set aside.

The order dated 28.2.2007 is hereby vacated.

Accordingly this application is allowed.

Order Date :- 14.5.2013

RPD