Danish Khan vs State Of U.P. And 2 Others
2021 Latest Caselaw 7203 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 71
 

 
Case :- CRIMINAL REVISION No. - 1250 of 2021
 

 
Revisionist :- Danish Khan
 
Opposite Party :- State Of U.P. And 2 Others
 
Counsel for Revisionist :- Mahtab Alam
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Raj Beer Singh,J.

Case is taken up through video conferencing.

The present revision has been filed for setting aside the judgment and order dated 18.01.2021, passed by Additional Principal Judge Court No.4, Family Court, Jaunpur in Case No. 983 of 2020 (Computerized No. UP JP 02001405-2020), Alfiya Bano and another vs. Danish Khan, under Section 125 Cr.P.C., P.S. Kotwali, District Jaunpur.

Heard learned counsel for the revisionist and learned A.G.A. for the State.

It has been argued by the learned learned counsel for the revisionist that the wife of revisionist has filed an application under Section 125 Cr.P.C. claiming maintenance for herself and her minor daughter, which has been allowed ex-parte vide impugned order dated 18.01.2021. It has been submitted that service of notice was not effected on the revisionist and the matter was heard ex-parte by the Court below and thus, no opportunity has been granted to the revisionist to put forward his case before the Court below. It has been further submitted that the maintenance of Rs. 4000/- per month for wife and Rs. 1000/- per month for minor daughter has been granted from the date of application and that no reason has been assigned for grant of maintenance from the date of application. Learned counsel submitted that the impugned order is against facts and law and thus, liable to be set aside. Alternatively it was also argued that revisionist may be granted an opportunity to file an application under Section 126(2) Cr.P.C. against the impugned ex-parte order before the Court below.

Learned A.G.A. has opposed the revision and argued that only a meagre amount of Rs. 4000/- has been granted as maintenance to the wife of revisionist and Rs. 1000/- has been granted for minor daughter of revisionist and that there is no illegality or perversity in the impugned order. It has been further submitted that revisionist has equally effective remedy by filing an application under Section 126(2) Cr.P.C., thus, the instant revision is not maintainable.

It is apparent from record that against the impugned order, which has been passed ex-parte under Section 125 Cr.P.C., revisionist has equally effective remedy by filing an application under Section 126(2) Cr.P.C. In view of provisions of Section 126(2) Cr.P.C., instant revision is finally disposed of with a direction that in case revisionist moves an application under Section 126(2) Cr.P.C. before the Court below, the same shall be decided expeditiously in accordance with law.

With the aforesaid direction the present revision is finally disposed of.

Order Date :- 7.7.2021

A. Tripathi