Imran v. State of U.P.
Case brief
What is this about?
In a criminal revision against an ex-parte maintenance order under S. 125 Cr.P.C., the Court directed the revisionist to apply for a hearing under S. 126 Cr.P.C. within one month for consideration and decision.
What did the court decide?
Directed to move an application under Section 126 Cr.P.C. within one month for hearing.
What the court decided
Neutral Citation No. - 2023:AHC:231918
Court No. - 82
Case :- CRIMINAL REVISION No. - 2691 of 2023
Revisionist :- Imran Opposite Party :- State of U.P. Counsel for Revisionist :- Sumit Goyal Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the revisionist and learned A.G.A. for the State.
The instant criminal revision has been preferred by the revisionist against the impugned judgement and order dated 25.01.2023 passed by Additional Principal Judge, Family Court No. 3, Agra in Maintenance Case No. 842 of 2019 (Smt. Shabana Vs. Imran) under Section 125 Cr.P.C., Police Station-Tajganj, District-Agra whereby the revisionist was directed to pay an amount of Rs. 6,000/- per month in favour of opposite party No. 2 as maintenance from the date of application.
Learned counsel for the revisionist submits that the order dated 25.01.2023 is an ex-parte order granting maintenance to the opposite party no. 2.
Learned A.G.A. has raised an objection that learned counsel for the revisionist may move an application under Section 126 Cr.P.C. giving him an opportunity of hearing.
Issues for consideration
1 issue framed by the court
Whether to admit a revision against an ex-parte maintenance order.
Coram
Nand Prabha Shukla
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · December
- Registered
- Case no.
- CRLR/2691/2023
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