Anil Kumar v. State
Case brief
What is this about?
This criminal revision challenging an interim maintenance order under Section 125 Cr.P.C. was dismissed as interlocutory orders are generally not maintainable via revision. The court found no manifest error and the applicant was absent.
What did the court decide?
The criminal revision petition was dismissed.
What the court decided
Court No. - 34
Case :- CRIMINAL REVISION No. - 347 of 1994
Revisionist :- Akhil Kumar Opposite Party :- Smt. Shashi and another Counsel for Revisionist :-
Counsel for Opposite Party :- A.G.A.
Hon'ble Sudhir Agarwal,J.
- Notice was issued to revisionist to engage another counsel. Vide letter dated 22.12.2018, Chief Judicial Magistrate, Sitapur has informed this Court that notice was served upon Revisionist on 21.12.2018 through police constable of concerned police station and the acknowledgement has been appended to aforesaid letter. Earlier also, a similar notice was served upon Revisionist on 10.12.2018 as informed by Chief Judicial Magistrate, Sitapur vide letter dated 11.12.2018. Neither Revisionist has appeared in person nor through counsel nor anyone has filed vakalatnama or memo of appearance on behalf of Revisionist. In the circumstance, I myself have perused the record.
- This criminal revision under Section 397/401 Cr.P.C. has been filed challenging order dated 13.01.1993 (the correct date is 13.01.1994 as is evident from certified copy of the order) passed in Criminal Misc. No. 17 of 1993 awarding interim maintenance of Rs. 300/- per month to respondent-1 i.e. wife of revisionist during pendency of application under Section 125 Cr.P.C.
- Court below has held that respondent-wife has no source of income, therefore, interim maintenance has been awarded for her sustenance. Order in question is interlocutory in nature and, therefore, in such case, revision is not maintainable. Even otherwise, I do not find any manifest error in the order passed
Issues for consideration
2 issues framed by the court
Whether a criminal revision is maintainable to challenge an interlocutory order awarding interim maintenance under Section 125 Cr.P.C.
Whether there is any manifest error in the interim maintenance order passed by the Court below.
Parties & counsel
- petitioner
Akhil Kumar
- respondent
Smt. Shashi
Coram
Sudhir Agarwal
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · September
- Registered
- Case no.
- CRLR/347/1994
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