Single judge considered a Criminal Misc Review Application challenging a courtesan order emphasizing expeditious disposal. Dismissed as no error apparent on record and directions implicit.
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Court No. - 23
Case :- CRIMINAL MISC REVIEW APPLICATION No. - 2 of 2023
Applicant :- Paramhans Gupta Opposite Party :- Dimpal Thakur And Another Counsel for Applicant :- Anand Prakash Singh
Hon'ble Subhash Vidyarthi,J.
Heard Sri Anand Prakash Singh, learned counsel for the review petitioneropposite party no. 2 in Matters Under Article 227 No. 4427 of 2022, Dimpal Thakur v. Addl. Prin. Judge, Court No. 1, Family Court Lko & Anr.
The instant application has been filed seeking review of the order dated 06.01.2023 passed by this Court in the aforesaid petition, whereby a direction has been issued to the learned Additional Principal Judge, Court No. 1, Family Court, Lucknow to ensure compliance of the order dated 03.08.2016 within a period of two months from the date of production of a certified copy of the said order and to decide the application under Section 125 Cr.P.C. within a period of six months.
Review application has been filed on the ground that the petitioner had concealed the relevant and material facts in her petition under Article 227 of the Constitution of India.
The order dated 06.01.2023 passed by this Court has not dealt with merits of the case put up by the respective parties before the family court and the same has been left open to be decided by the Family Court. This Court has merely passed an order for expeditious disposal of the matter. Therefore, the order dated 06.01.2023 does not appear to be suffering from any error, which is apparent on the face of record.
At this stage, learned counsel for the review petitioner has made a request that a direction be issued to the family court to take into consideration the objections filed by the review petitioner before the Family Court while passing any order in the matter.
The direction issued to decide the application implies that the application has to be decided in accordance with law, which requires taking into consideration the entire material available before the Court, including the objections filed against the application, if any. Therefore, there is no need to issue any separate direction to this effect.
With the aforesaid observation, the review petition stands disposed of.
Order Date :- 7.2.2023 Pradeep/-
Digitally signed by :- PRADEEP SINGH High Court of Judicature at Allahabad, Lucknow Bench
2 provisions across 2 enactments
Paramhans Gupta
Subhash Vidyarthi
As recorded by the court registry
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