Ankana Srivastava Vs State of U.P. and Another

Neutral Citation No. - 2025:AHC:133903

Court No. - 84

Case :- CRIMINAL REVISION No. - 4263 of 2025

Revisionist :- Ankana Srivastava Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mohammad Firoz Khan 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. and perused the material on record.

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This criminal revision has been filed with a prayer to allow the revision and set aside the order dated 04.06.2025 passed by learned Additional Principal Judge Family Court No.2,Varanasi whereby objection dated 09.04.2025 (Paper No. 24Ba) moved by opposite party no.2 against application under Section 128 Cr. P.C. filed by revisionist was allowed wrongly and illegally and without application of judicial mind.

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It is submitted by learned counsel for the revisionist that in this case opposite party no. 2 is husband of the revisionist. He further submitted that the revisionist was living apart from the opposite party no.2 due to his neglect and filed an application under Section 125 Cr. P.C. which was allowed ex-parte and the opposite party no.2 avoided from the proceeding of the case to get rid of the liability for payment to his wife. Later, on he moved an application under Section 126 Cr. P.C., which was allowed by the learned trial Court with cost of Rs. 2000/-, but no any interim maintenance order was passed providing maintenance to the wife during the pendency of the application under Section 125 Cr. P.C. He further submitted that an application under Section 128 Cr. P.C. was pending before the learned trial court, which was rejected vide order dated 04.06.2025 with the finding that the order in pursuance to which application under Section 128 Cr. P.C. was filed has come to an end/set aside, therefore, the application under Section 128 Cr. P.C. cannot be given effect. He also submitted that he has already moved an application for interim maintenance before the learned trial court and same has not been decided, therefore, request to set aside the order dated 04.06.2025 and direct the learned trial court to get the amount of arrears realized till the date of setting aside the order under Section 125 Cr. P.C.

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Learned A.G.A. opposed the prayer as aforesaid and contended that now the order for the implementation of which application under Section 128 Cr. P.C. was moved, has come to an end by setting it aside on the application under Section 126 Cr. P.C., therefore, implementation of non existing order cannot be effected, in this way, there is no illegality or impropriety in the order passed by the learned trial Court. He also submitted that the revisionist has an option to get application for interim maintenance decided by the learned trial court.

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On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court dated 04.06.2025, it appears that ex-parte order was passed by the learned trial court on her application under Section 125 Cr. P.C. which was set aside under Section 126(2) Cr. P.C. by order dated 21.11.2024 for cost Rs. 2000/- but no order for interim maintenance has been passed by the learned Trial Court. The application under Section 128 Cr. P.C. has been rejected by the learned trial court vide order dated 04.06.2025 on the ground that the order in pursuance to which present application was moved, has already been set aside on application under Section 126 Cr. P.C. on 21.11.2024, therefore, the amount fixed by that order cannot be released.

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In the considered opinion of this Court, there appears no illegality of impropriety in the order dated 04.06.2025 passed by the learned trial Court while rejecting the application under Section 128 Cr. P.C. therefore, it does not require any interference by this Court. However, as per submissions of the learned counsel for the revisionist, the application for interim maintenance in favour of wife is still pending before the learned trial court, therefore, learned trial Court is hereby directed to decide the same in accordance with law within a period of two months from the date of filing of a certified copy of this order, after giving an opportunity of hearing to both the parties.

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Accordingly, this criminal revision is disposed of finally.

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Order Date :- 7.8.2025 T.S.

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Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad

Ankana Srivastava v. State of U.P. and Another

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