Criminal Revision No. 236 of 1994 heard in absentia by Hon'ble Neeraj Tiwari, J. Revision dismissed as lack of illegality or perversity in summoning order under IPC sections 342/504/506 not established.
None. Revision dismissed.
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Court No. - 12
Case :- CRIMINAL REVISION No. - 236 of 1994
Revisionist :- Hawaldar Alias Jajjaffur And Others Opposite Party :- State Of U.P. & Others Counsel for Revisionist :- A.P. Srivastava Counsel for Opposite Party :- .../Govt. Advocate
Hon'ble Neeraj Tiwari,J.
Case has been called out in revised list. Learned counsel for the revisionists is not present.
This Criminal Revision pertains to the year 1994, therefore, the Court proceed to decide the revision on merits.
The present revision has been filed by the revisionist for setting aside the summoning order dated 18.10.1993 passed by learned Ist A.C.J.M., Banda in Case No.897/IX/93 (Shiraz Vs. Hawaldar), under Section 342/504, 506 IPC, Police Station Baberu, District Banda.
The case of revisionists is that daughter of revisionist no.1 was married with opposite party no.2 according to muslim rituals and they were living as husband and wife. Due to mental and physical torture by opposite party no.2 husband, her daughter has left her matrimonial house and started living with her father. It is also mentioned that opposite party no.2 got married with someone else. Daughter of revisionist no.1 filed a suit of maintenance under Section 125 Cr.P.C. on 4.5.1992 in the court of Judicial Magistrate, Durg (M.P.), which was decreed in favour of daughter of revisionist no.1 on 30.3.1993 and awarded a maintenance of Rs.400/- per month. Opposite party no.2 had also filed a suit for restitution of conjugal rights on 18.7.1992, which was dismissed by learned Munsif Magistrate, Banda on 4.11.1993. This was the reason that present complaint has been filed.
I have perused the summoning order dated 18.10.1993. There is no illegality or perversity in the summoning order dated 18.10.1993 passed by the Ist A.C.J.M., Banda, as it is not on record that daughter of revisionist no.1 has taken divorce from the opposite party no.2 and living with his father. Therefore, it cannot be ruled out that no case is made out under Section 342, 504, 506 IPC against the revisionists.
The revision lacks merit and is accordingly, dismissed.
Office is directed to send the copy of this order to the Court below for further action.
Order Date :- 6.12.2018 Junaid
Hawaldar Alias Jajjaffur And Others
State Of U.P.
Neeraj Tiwari
As recorded by the court registry
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