Allahabad High Court
Jagjeewan vs State Of U.P. And Anr. on 5 May, 2022
Bench: Brij Raj Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 16
Case :- CRIMINAL REVISION No. - 694 of 2021
Revisionist :- Jagjeewan
Opposite Party :- State Of U.P. And Anr.
Counsel for Revisionist :- Virendra Kumar Shukla
Counsel for Opposite Party :- G.A.,Rajesh Kumar,Suhail Kashif
Hon'ble Brij Raj Singh,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State and Sri Rajesh Kumar, learned counsel for opposite party no.2.
The present revision has been preferred with a prayer to set aside the impugned judgment and order dated 06.08.2021 passed by Principal Judge, Family Court, Barabanki in Misc. Case No.788 of 2018 (Jagjeewan Vs. Smt. Seema Rawat), under Section 126 (2) Cr.P.C.
The opposite party no.2 filed an application under Section 125 Cr.P.C. and the court below passed ex parte order dated 29.01.2018. When the revisionist came to know about order dated 29.01.2018, he filed an application under Section 126 (2) Cr.P.C. with averments that he was suffering from low blood pressure and jaundice due to which he could not attend the proceeding of case and the order under Section 125 Cr.P.C. was passed ex parte and Rs.3,000/- was awarded as maintenance.
The aforesaid application under Section 126 (2) Cr.P.C. of the revisionist was heard and dismissed by the court below on 06.08.2021 mentioning that the revisionist had also moved an application for recall of order on 25.05.2017 which was allowed with cost of Rs.5,000/- but he has not deposited the same. Again he was granted time to appear on 31.10.2017, but he did not appear before the court, therefore, the court has rejected the application.
Learned counsel for the revisionist has submitted that he may be given one opportunity to lead his evidences so that justice can be done.
As per original order dated 29.01.2018, Rs.3,000/- was awarded against the revisionist but till date he has not paid any amount.
Looking to the peculiar facts and circumstances of the case, I direct that revisionist to deposit Rs.70,000/- within three months from today before the court below and as soon as the amount is deposited, the same will be released in favour of opposite party no.2, immediately. On depositing Rs.70,000/-, the court below will provide an opportunity to the revisionist to appear before it and the application under Section 126 (2) Cr.P.C. will be allowed after affording opportunity to the parties. It is further provided that the original case will be heard and decided after affording opportunity to the parties within four months, thereafter subject to deposit of Rs.70,000/- within the aforesaid period. In case of default, the benefit of this order will not be available to the revisionist.
The court below will also pass the appropriate order on the application for interim maintenance moved by opposite party no.2 during the pendency of the case and the interim maintenance so awarded shall be subject to final outcome of application under Section 125 Cr.P.C.
With the aforesaid observations, the revision is allowed. The order dated 06.08.2021 passed by Principal Judge, Family Court, Barabanki in Misc. Case No.788 of 2018 is set aside.
Order Date :- 5.5.2022
Atul
