Danish vs State Of U.P. And Another
2022 Latest Caselaw 18593 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 87
 

 
Case :- CRIMINAL REVISION No. - 4596 of 2022
 

 
Revisionist :- Danish
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- A.Z.Khan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Dr. Gautam Chowdhary,J.

Heard learned counsel for the revisionist, learned A.G.A. and perused the record.

The present Crl. Revision has been filed under section 397/401 Cr.P.C. against the judgment and order dated 27.09.2022 passed by Principal Judge, Family Court, Agra in Crl. Misc. Case No. 1320 of 2020 arising out of Criminal Case No. 585 of 2020, under section 125(3) Cr.P.C. , P.S. Sadar, District Agra (Smt. Zubi Hussain Vs. Danish) by which has been rejected filed by the revisionist, under section 126(2) Cr.P.C. in pursuance of the order passed by the court below on 29.08.2019 whereby the revisionist was directed to pay Rs. 4,000/- per month to O.P. no. 2 from the date of order under section 125 Cr.P.C.

Learned counsel for the revisionist submits that interim maintenance of Rs. 4,000/- per month has been awarded from the date of order i.e. 29.08.2019 without considering the income of the revisionist and thus the same are illegal and is liable to be quashed by this Court.

Learned A.G.A. for the State has opposed the prayer and states that that the revisionist has neither paid any arrears of interim maintenance amount nor is paying the monthly maintenance amount, as has been ordered by the Court below.

Learned counsel for the revisionist further submits that the revisionist is ready to pay half of the arrears i.e. Rs. 70,000- (out of Rs. 1,44,000/-) and he also agrees that the revisionist is ready to pay monthly maintenance amount to O.P. No.2.

Considering the same, revisionist is directed to deposit Rs. 70,000/- within a month. Apart from the aforesaid, the revisionist shall also pay monthly maintenance as awarded by the Court below, starting from January, 2023.

The amount so deposited by the revisionist shall be paid over to the opposite party no.2 after due verification.

In case, the revisionist deposits the aforesaid amount within the aforesaid period, no coercive action shall be taken against him and the Court below is directed to consider and decide the recall application filed by the revisionist in Case No. Criminal Case No. 585 of 2020, under section 126(2) Cr.P.C. , P.S. Sadar, District Agra (Smt. Zubi Hussain Vs. Danish) as expeditiously as possible in accordance with law after hearing both the parties, in the light Judgement of Hon'ble Apex Court rendered in the matter of Rajnesh Vs. Neha and another reported in 2021 (2) SCC 324 preferably within a period of two month from the date of production of a certified copy of this order before it.

However, in case, the revisionist fails to deposit the aforesaid amount within a month from today or fails to deposit monthly interim maintenance amount as stated above, the protection granted by this Court shall automatically stands vacated and the Court below will be at liberty to proceed against the revisionist in accordance with law.

Office is directed to communicate the order passed by this Court to the concerned Court below forthwith.

With the aforesaid directions, the instant revision stands disposed of.

Order Date :- 23.11.2022

RPD