Sumit Rastogi Vs State of U.P. and Another

Neutral Citation No. - 2023:AHC-LKO:43989

Court No. - 29

Case :- CRIMINAL REVISION No. - 158 of 2017

Revisionist :- Sumit Rastogi Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Salil Kumar Srivastava Counsel for Opposite Party :- Govt. Advocate,Pratap Singh Mehra

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Hon'ble Mrs. Renu Agarwal,J.

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Present Criminal Revision, under Section 397 read with Section 401 of Cr.P.C., has been preferred against the judgment and order dated 22.12.2016 passed by Additional Sessions Judge, court no. 2, Lucknow dismissing the Criminal Appeal No. 0000015/2014; Sumit Rastogi Vs. State of U.P. and others, thereby upholding the order dated 13.01.2014 passed by Judicial Magistrate-II in Case No. 2810/2013; Smt. Pragya Rastogi Vs. Sumit Rastogi, under Section 12 of the Domestic Violence Act, thereby learned Magistrate awarded an interim maintenance to opposite party no. 2 @ Rs.5000/- per month.

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None appears on behalf of the revisionist, in spite of the fact that interim order has been vacated vide order of this Court dated 22.09.2022.

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Heard Sri Pratap Singh Mehra, learned counsel for opposite party no. 2 and learned Additional Government Advocate for the State as well as perused the record.

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From perusal of the record, it appears that opposite party no. 2 filed an application under Section 12 of the Protection of Women from Domestic Violence Act, 2005 which was allowed vide order dated 12.04.2012, thereby awarding an interim maintenance to opposite party no. 2(wife) to the tune of Rs. 5000/- per month.

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Grievance of the revisionist is that order of interim maintenance dated 12.04.2012 passed by learned Magistrate is an exparte order, as no opportunity of hearing was afforded to the revisionist. It has been averred in Para 5 of the revision that the total maintenance @ Rs. 5000/- per month, awarded to opposite party no. 2, comes Rs. 2,90,000/- and out of which Rs. 1,30,000/- was paid by the revisionist to opposite party no. 2 and Rs. 30,000/- was paid under Section 125 of the Cr.P.C. It has also been averred in Para 11 of the revision that by means of order dated 22.07.2014, this Court had made frantic efforts for compromise between the parties but all in vain, as opposite party no. 2 did not abide the direction of this Court dated

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22.07.2014 passed in Criminal Misc. Case No. 1492 of 2014.

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Learned counsel for opposite party no. 2 has submitted that application, under Section 125 Cr.P.C., moved by opposite party no. 2 has already been decided by the court concerned, thereby directing the revisionist to pay Rs. 5000/- to opposite party no. 2 and Rs. 2000/- per month to miner child as maintenance.

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After considering the submissions as advanced by the learned counsel for opposite party no. 2, it transpires that the present revision is filed against the order of interim maintenance, awarded to opposite party no. 2. Learned Magistrate held that opposite party no. 2 is an educated lady and after marriage she wants to do a job but revisionist objected the same. Now opposite party no. 2 is doing an honorary job in a educational society, namely, Future Computer Education Society, which is just a NGO. It is further held that the revisionist has sufficient means to pay maintenance to his wife, opposite party no. 2 and his minor child.

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In view of the above, I do not find any irregularity and infirmity in the impugned order dated 13.01.2014 passed by Judicial Magistrate-II and order dated 22.12.2016 passed by Additional Sessions Judge, court no. 2, Lucknow, thereby upholding the order of interim maintenance to opposite party no. 2. Hence, revision has no force and is liable to be dismissed.

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The revision is, accordingly, dismissed.

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[Renu Agarwal,J.]

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Order Date :- 7.7.2023 kkv/

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Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench

Sumit Rastogi v. State of U.P. and Another

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Sumit Rastogi v. State of U.P. and Another

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