Citation : 2023 Latest Caselaw 35548 ALL
Judgement Date : 16 December, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2023:AHC:238877 Court No. - 82 Case :- CRIMINAL REVISION DEFECTIVE No. - 780 of 2023 Revisionist :- Vinod Kumar Pandey Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Tarun Jha Counsel for Opposite Party :- G.A.,Abu Bakht,Anil Kumar Tripathi,Himanshu Singh,Shashi Shankar Tripathi Hon'ble Ms. Nand Prabha Shukla,J.
Criminal Misc. Delay Condonation Application No. 01 of 2023
As per Stamp Reporter, the Criminal Revision has been reported to be beyond time by 50 days.
Learned counsel for the opposite party as well as learned AGA has no objection in condoning the delay.
Cause shown for the delay is sufficient. The delay in filing the Criminal Revision is condoned.
Delay condonation application is allowed.
Office is directed to allow regular number to the criminal revision.
Order on Criminal Revision
Heard learned counsel for the revisionist, learned AGA for the State and Sri Shashi Shankar Tripathi, learned counsel for the opposite party no. 2.
The instant criminal revision has been preferred by the revisionist against the impugned judgement and order dated 23.12.2022 passed by the Civil Judge (J.D.)/F.T.C.(Crime Against Women related Court) Court Room No. 21, Allahabad in Complaint Case No. 288 of 2022 (Vijya Pandey vs. Vinod Kumar Pandey) under Section 23 of Protection of Women From Domestic Violence Act, 2005, Police Station Daraganj, District Allahabad whereby the revisionist was directed to pay an amount of Rs. 6000/- per month to the opposite party no. 2.
Learned AGA has raised an objection that there is an alternative efficacious remedy under Section 29 of Protection of Women From Domestic Violence Act, 2005.
In view of above, the criminal revision is disposed of with a direction that in case the petitioner moves an Appeal u/s 29 of the said Act, the same may be considered in accordance with law.
With the aforesaid observation, the criminal revision is disposed of.
Certified copy of the impugned judgment and order shall be returned to the learned counsel for the revisionist after retaining a photo copy of the same to be kept on record.
Order Date :- 16.12.2023
Puspendra
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