Brijesh vs State Of U.P. Thru.Prin.Secy. ...
2022 Latest Caselaw 4809 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 16
 

 
Case :- CRIMINAL REVISION No. - 558 of 2022
 

 
Revisionist :- Brijesh
 
Opposite Party :- State Of U.P. Thru.Prin.Secy. Home Deptt. And 2 Others
 
Counsel for Revisionist :- Amitesh Pratap Singh,Laxmi Narayan Gupta,Naveen Kumar Singh
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Brij Raj Singh,J.

Heard Sri Amitesh Pratap Singh, learned counsel for the revisionist and learned A.G.A. for the State-opposite party and perused the record.

The present criminal revision has been filed with a prayer to allow the present revision and set aside the impugned judgment and order dated 15.03.2022 as well as order dated 04.03.2021 passed by Additional Family Court Judge, Court No. 1, District Gonda in Criminal Misc. Case No. 281 of 2015 (Smt. Nikka and Another Vs. Brijesh), under Section 125 Cr.P.C., with a further prayer to stay the implementation of the aforesaid two orders.

The challenge in the present revision is to order dated 15.03.2022 by which the court below has passed an order awarding interim maintenance. Counsel for the revisionist does not want to press this revision on merit and further prays that a direction may be issued to decide the application under Section 125 Cr.P.C. expeditiously and in a time-bound period. He has further submitted that approximately Rs.21,000/- has to be paid by him as arrears of maintenance and his economic condition is very poor that is why the revisionist is unable to pay the said amount.

I direct the court below to realize the aforesaid amount from the revisionist within two months from today and release the same in favour of the opposite party Nos. 2 and 3 on an appropriate application being made by the opposite parties.

It is further directed that the court below will take a decision on the application filed under Section 125 Cr.P.C. expeditiously and preferably within a period of four months after affording opportunity of hearing to both parties without granting any unnecessary adjournment to either of parties.

The revision is disposed of.

Order Date :- 31.5.2022

Arun K. Singh