Allahabad High Court

Ravishek Dixit vs State Of U.P. And Another on 1 May, 2025

Author: Subhash Chandra Sharma

Bench: Subhash Chandra Sharma





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:68405
 
Court No. - 79
 
Case :- CRIMINAL REVISION No. - 2105 of 2024
 
Revisionist :- Ravishek Dixit
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Biswajeet Mukherjee
 
Counsel for Opposite Party :- Anand Swaroop Gautam,G.A.
 

 
Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for both the parties as well as learned A.G.A. and perused the material on record.

This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 25.01.2024 passed by the learned Additional Principal Judge, Family Court, Shahjahanpur in Case No. 389 of 2022 (Lakshmi Vs. Ravishek Dixit), under Section 125 Cr.P.C.

It is submitted by learned counsel for the revisionist that in this case, an application u/s 125 Cr.P.C. was filed by opposite party no. 2 against the revisionist before the learned Additional Principal Judge, Family Court, Shahjahanpur. An application 15-kha was moved by the revisionist stating that the learned trial court at Shahjahanpur has no jurisdiction to decide the case, since, the opposite party no. 2 never lived at Shahjahanpur though their marriage was performed at Farrukhabad. He never lived at Shahjahanpur but he is living at Lucknow, therefore, on account of lack of jurisdiction, case be dismissed.

On this application, objection paper 20-kha was filed by the wife/opposite party no. 2 that after performance of the marriage she came to Shahjahnpur where she lived with the husband. Her statement was not controverted by the revisionist that was the reason the application for non-maintainability of case at Shahjahnapur was rejected by the learned trial court vide order dated 25.01.2024. In this way, there appears no any illegality or impropriety in the order passed by learned trial court but this revision being devoid of merit is liable to be dismissed.

Accordingly, this revision is dismissed.

Order Date :- 1.5.2025

Anurag Singh