In a criminal revision concerning a 1993 order of imprisonment for non-payment of maintenance, the High Court dismissed the petition due to efflux of time and the revisionist's failure to appear or raise any plea of illegality.
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Court No. - 93
Case :- CRIMINAL REVISION No. - 1268 of 1993
Revisionist :- Mohammad Islam Opposite Party :- Smt. Asma Begum Counsel for Revisionist :- Janardan Sahai Counsel for Opposite Party :- A.G.A.
Hon'ble Shamim Ahmed,J.
As per the office report dated 22.2.2022, notice upon the revisionist has been served and despite service of notice, neither the revisionist nor any counsel has appeared in this case.
None has appeared on behalf of the revisionist(s) to press this revision.
Sri Suresh Bahadur Singh, learned A.G.A. for the State is present.
This revision is directed against the order dated 28th August, 1993 passed by Judge Family Court, Bareilly by which the revisionist was sent to jail for 19 months for non-payment of maintenance allowance.
Learned AGA submits that the present revision is of the year 1993 and it appears that due to efflux of time the revisionist and his counsel have lost interest to pursue this matter, and there appears no illegality or infirmity in the impugned judgment and order(s) passed by the court(s) below, therefore, the present revision may be dismissed.
I have gone through the judgment and order(s) passed by the court(s) below and have also considered the arguments advanced by the learned AGA. Further no one appeared on behalf of revisionist to assist the Court pointing out any illegality or infirmity in the judgment and order(s) passed by the court(s) below.
In view of the above, after having gone through the judgment and order(s) under challenge, this Court comes to the conclusion that the same need no interference as there is no illegality or infirmity in the judgment and order(s) under challenge, and further there appears force in the argument of the learned AGA that due to efflux of time the revisionist and his counsel have lost interest in pursuing the matter, therefore, the present revision is liable to be dismissed.
Accordingly, the present revision is dismissed.
Let a copy of this order be sent to the concerned District and Sessions Judge for its onward transmission to the concerned Magistrate for compliance who will proceed further in the matter.
The file is consigned to record.
Order Date :- 11.3.2022 SA
Digitally signed by SALMAN ALI Date: 2022.03.15 14:00:54 IST Reason: Document Owner Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether the Criminal Revision against the order sending the revisionist to jail for non-payment of maintenance should be allowed.
Shamim Ahmed
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
