The High Court in a criminal revision dismissed the matter by directing the revisionist to move an application under Section 126 Cr.P.C. for an opportunity of hearing within one month. The court noted the order below was ex-parte.
Direction to revisionist to file an application under Section 126 Cr.P.C. within one month for opportunity of hearing.
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Neutral Citation No. - 2023:AHC:230216
Court No. - 82
Case :- CRIMINAL REVISION DEFECTIVE No. - 1610 of 2023
Revisionist :- Nand Kishor Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ashok Kumar Yadav 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 11.04.2023 passed by the Additional Principal Judge, Family Court, Room No.3, Deoria Maintenance Application No.503 of 2021 (Renu Gupta and others v. Nand Kishor) under Section 125 Cr.P.C., Police Station Rampur, District Deoria whereby the revisionist was directed to pay an amount of Rs. 20,000/- per month in favour of opposite party nos. 2, 3 and 4 as maintenance from the date of application
Learned counsel for the revisionist submits that the order dated 11.04.2023 is an ex-parte order granting maintenance to the opposite party nos. 2, 3 and 4.
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 :- 5.12.2023 A.N. Mishra
Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the impugned ex-parte maintenance order dated 11.04.2023 can be challenged via this criminal revision.
Whether an application for opportunity of hearing should be formulated within a specified timeframe.
Nand Prabha Shukla
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
