A criminal revision challenging an ex-parte maintenance order is disposed of without setting it aside on merits. The High Court directs the revisionist to file an application for a regular hearing within one month.
Revisionist directed to apply for hearing under Section 126 Cr.P.C. within one month; moved hearing to be conducted ex-peditio.
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Neutral Citation No. - 2023:AHC:236996
Court No. - 82
Case :- CRIMINAL REVISION DEFECTIVE No. - 1307 of 2023
Revisionist :- Vijendra Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.
Hon'ble Ms. Nand Prabha Shukla,J.
Heard learned counsel for the revisionist and learned AGA for the State.
The instant criminal revision has been preferred by the revisionist against the impugned judgement and order dated 11.11.2022 passed by learned Nyayadhikari, Gram Nyayalaya, Dhanaura, District Amroha in Criminal Misc. Case No. 97 of 2022 (Smt. Poonam Devi vs. Vijendra Singh) under Section 125 Cr.P.C. Police Station Mandi Dhanaura, District Amroha whereby the revisionist was directed to pay an amount of Rs. 7,000/- per month to the opposite party no. 2 as maintenance from the date of application.
Learned counsel for the revisionist submits that the order dated 11.11.2022 is an ex-parte order granting maintenance to the opposite party no. 2.
Learned AGA 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.
Keeping in view the aforesaid facts and circumstances, this revision is disposed of with a direction that in case the application is moved by the revisionist under the appropriate provision within a period of one month from today, the same shall be considered and decided in accordance with law, as expeditiously as possible, if there is no other legal impediment.
With the aforesaid observation, the criminal revision is disposed of.
Order Date : - 14.12.2023 Shivani
Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad
1 issue framed by the court
Whether to set aside an ex-parte maintenance order and direct the restoration of maintenance proceedings affording an opportunity of hearing.
2 provisions across 1 enactments
Vijendra Singh
State of U.P.
Poonam Devi
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
