Shakuntala Devi Vs State of U.P. and 10 Others

Neutral Citation No. - 2025:AHC:56985

Court No. - 79

Case :- CRIMINAL REVISION No. - 1777 of 2025

Revisionist :- Shakuntala Devi Opposite Party :- State Of U.P. And 10 Others Counsel for Revisionist :- Amit Kumar Singh Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record.

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The present criminal revision has been filed with prayer to set aside the judgment and order dated 08.01.2025 passed by learned Additional Sessions Judge/Special Judge (SC/ST Act) Basti in Criminal Appeal No.49 of 2022 (Shakuntala Devi Vs. State of U.P. & others) Police Station Rudhauli, District Basti and further be pleased to modify the judgment and order dated 29.08.2022 and direct the opposite party no.2 to pay the maintenance amount Rs.3000/- per month instead of Rs.2500/- per month.

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It is submitted by learned counsel for the revisionist that an application u/s 12 Domestic Violence Act was filed by the revisionist which was decided by the learned court of Magistrate by order dated 29.08.2022 by which Rs.2500/- per month were allowed as maintenance and medical expenses those are very meagre and not sufficient for her maintenance. It is also submitted that an application u/s 125 Cr.P.C. was filed by the wife against the opposite party no.2/husband which was also decided by the court and maintenance was allowed but opposite party no.2 is not making payment of the amount allowed as maintenance. Being aggrieved with the order in question dated 29.08.2022 an appeal was filed by the revisionist before the learned Court of Session which was also decided by order dated 08.01.2025 and was dismissed, therefore, request to set aside the orders passed by the learned Magistrate as well as by the appellate court and allow the revision.

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Learned A.G.A. opposed the prayer as aforesaid and contended that in this case Rs.2500/- has been allowed by the learned court of Magistrate as maintenance and medical expenses in view of the income and liabilities of the opposite party no.2/husband. The

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learned appellate court has also considered all these facts and dismissed the appeal and recorded the finding that in Case No.599/2014 (Shakuntala vs. Bhaiya Shivpujan) learned Additional Session Judge/F.T.C./Additional Family Court, Basti passed the order allowing Rs.10,000/- per month in favour of the revisionist and that amount is being debited from the account of opposite party no.2 and credited in the account of the revisionist every month that was the reason the amount of maintenance in the present case was not increased by the learned trial court.

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Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record and the order passed by learned trial court as well as appellate court, there appears no any illegality in the order passed by the learned Magistrate as well as by the learned appellate court since the revisionist is getting the amount of maintenance Rs.10,000/- per month in Case No.599/2014 from the opposite party no.2, therefore, the aforesaid orders do not warrant any interference by this Court but this revision being devoid of merit is liable to be dismissed.

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Accordingly, this criminal revision is dismissed at the admission stage itself.

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Order Date :- 17.4.2025 Ashok Gupta

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Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad

Shakuntala Devi v. State of U.P. and 10 Others

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Shakuntala Devi v. State of U.P. and 10 Others

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