Disposed

Avyaan Tyagi (Minor) v. State of U.P. and Another

Allahabad HC26 Sept 2024CRLR/3456/2024

Case brief

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What is this about?

Minor's amendment application in a Section 125 Cr.P.C. maintenance case was dismissed by the Family Court for improper format as no guardian was nominated for the minor. The High Court upheld that order but permitted the revisionist to file a fresh application in proper format and disposed of the revision with directions for expeditious decision.

What the court decided

AI extract

Avyaan Tyagi (Minor) vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:157629

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Court No. - 67

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Case :- CRIMINAL REVISION No. - 3456 of 2024

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Revisionist :- Avyaan Tyagi (Minor) Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pankaj Kumar Tyagi Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard Sri Pankaj Kumar Tyagi, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

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The criminal revision has been filed on behalf of the revisionist with a prayer to allow the revision and set aside the impugned judgement and order dated 08.05.2024 passed by the learned Addl. Principal Judge, Family Court, No.4, Ghaziabad over the amendment application moved by the revisionist filed in Case No.585 of 2022, U/s 125 Cr.P.C., PS Nandgram, District Ghaziabad.

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Learned counsel for the revisionist submitted that the instant revision has been filed against the order dated 08.05.2024 passed by learned Addl. Principal Judge, Family Court, No.4, Ghaziabad. The revisionist moved an amendment application on 26.02.2024 in Case No.585 of 2022, U/s 125 Cr.P.C., the Addl. Principal Judge, Family Court, No.4, Ghaziabad rejected the application with the following observation:-

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"Called out learned counsel for both the parties are present vide amendment application 26-ka with affidavit 27-c the applicant want to implead her son-Aryan Tyagi in this application under section 125 Cr.P.C.

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Objection 28-c with affidavit 19-c filed by O.P.

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During the argument of application 26-ka, it is observed that application under 26-ka is not filed in proper format as no guardian is being nominated on behalf of minor child and also not mentioned in the amendment application 26-ka so without going on the merit the application 26-ka is dismissed as not moved in proper format

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Put up on 11.06.2024 for further order."

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The order passed on 08.05.2024 is just and proper and no interference is warranted.

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However, the revisionist is permitted to move a fresh application in proper format within 15 days from today and the court concerned may decide the same in accordance with law within 15 days from the date of filing of the application.

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With the aforesaid direction, the present criminal revision is disposed off.

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Order Date :- 26.9.2024 Nitin Verma

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Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad

Avyaan Tyagi (Minor) v. State of U.P. and Another

Case brief

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What the court decided

Avyaan Tyagi (Minor) v. State of U.P. and Another

Case brief

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