Bombay High Court
Hitesh Prakashmalji Mehta vs Aashika Hitesh Mehta And Anr on 7 July, 2023
Bench: S. V. Kotwal
Gokhale 1 of 4 26-ia-3091-22
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3091 OF 2022
IN
CRIMINAL REVISION APPLICATION NO. 169 OF 2020
WITH
CRIMINAL REVISION APPLICATION NO. 169 OF 2020
Hitesh Prakashmalji Mehta ..Applicant
Versus
Aashika Hitesh Mehta & Anr. ..Respondents
__________
Mr. Kamlesh Mishra for Applicant.
Mr. Abhijit Sarwate a/w. Hardev K. Aidhen a/w. Ajinkya Udane for
Respondents and original Applicants in Revn/169/2020.
Smt. M. R. Tidke, APP for State/Respondent No.2.
__________
CORAM : SARANG V. KOTWAL, J.
DATE : 7 JULY 2023
PC :
1. Heard both the parties. The main prayer in this
application is for re-calling of the order dated 20/09/2021 passed
by this Court (Coram: Sandeep K. Shinde, J.) in the Criminal
Revision Application No.169 of 2020 and for hearing the revision
application afresh.
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2. The said Criminal Revision Application No.169 of 2020
was disposed of by the said order. The Respondent No.1
challenged that order before the Hon'ble Supreme Court in Petition
for Special Leave to Appeal (Crl.) No. 7077 of 2022, in which the
following order was passed:
" On perusal of the judgment of the High
Court, we cannot disagree with the principle
propounded but then learned counsel points out
that in fact the earlier maintenance order was
taken into consideration while determining the
maintenance subsequently while the High Court
is predicated on a reasoning that the earlier
maintenance was not taken into account or
considered. This is thus a factual mistake.
In view of the aforesaid we permit the
petitioner to move an application before the
High Court seeking recall of the order that it is
based on incorrect fact to facilitate the High
Court to take a view of the matter on the basis of
facts existing on record.
The application be moved within two
weeks.
The special leave petition is accordingly
disposed of with the aforesaid liberty.
Liberty is also granted to challenge in case
the petitioner does not succeeds before the High
Court.
Pending applications stand disposed of."
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3. Learned counsel for the Applicant invited my attention
to the paragraph Nos.32 and 34 of the order dated 24/07/2019
passed by the Judicial Magistrate, First Class, Court No.4, Pune,
and in particular, paragraph-32 itself recorded that the written
arguments of both counsel reveal that the applicant was granted
Rs.21000/- as maintenance by the Family Court. Therefore, it is
quite clear that, leaned Magistrate had taken into account the fact
that the Applicant was granted Rs.21000/- as maintenance.
4. The order dated 20/09/2021, in the operative part, in
paragraph-13 directs the Magistrate to modify the order dated
24/07/2019 by taking into consideration the maintenance which
was already awarded by the Family Court. Since, the learned
Magistrate has already taken into account the maintenance
awarded by the Family Court, this operative part was not factually
correct. Since the Hon'ble Judge has retired and since the matter is
placed before me today, I am recalling the order dated
20/09/2021.
5. The Criminal Revision Application No.169 of 2020 is
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restored to its file; to be decided afresh.
6. By consent, the Criminal Revision Application No.169 of
2020 be listed on the admission board on 23/08/2023.
7. The Interim Application No.3091 of 2022 is disposed of.
(SARANG V. KOTWAL, J.)
