Sandeep Kumar @ Sandeep Kumar Sharma vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

Sandeep Kumar @ Sandeep Kumar Sharma vs State of U.P. Thru. Prin. Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only; main revision not decided and listed for 08.09.2025: (i) impugned order dated 09.06.2025 stayed qua the revisionist till next date, extendable only after hearing revisionist's counsel and conditional on providing the Rs.20,000 draft to opposite party No.2 (failing which interim order not extended, no further time); (ii) interim maintenance of Rs.4,000 per month (including August 2025) payable to opposite party No.2 during pendency; (iii) S.H.O. to inform opposite party No.2 and ensure her presence; revisionist to appear in person on 08.09.2025; A.G.A. to communicate the order to the S.H.O. forthwith.

Issue for consideration

Whether the ex-parte impugned order dated 09.06.2025 passed in Misc. case no. 771/2023 (Smt. Mamta Sharma and others v. Sandeep Kumar Sharma) ought to be set aside, and whether it should remain stayed qua the revisionist in the meantime. +1 more

Court's answer

The order impugned dated 09.06.2025 shall remain stayed qua the revisionist till the next date of listing; on that date the interim order would be extended only after hearing learned counsel for the revisionist.

Ratio / Principle

Revisionist directed to pay Rs.4,000 per month towards interim maintenance to opposite party No.2 during pendency of the instant revision, inclusive of August 2025, the first payment to be provided on the next date fixed and thereafter on the 1st of every month.

Key takeaways

If the revisionist fails to provide the aforesaid draft to opposite party No.2 on the next date fixed, the interim order will not be extended; no further time will be provided to the revisionist for this purpose.ratio¶18
S.H.O. of the Police Station concerned to inform opposite party No.2 (Smt. Mamta Sharma, wife of the revisionist) regarding the date fixed and the revisionist's expressed readiness to settle the matrimonial dispute amicably by mediation, so as to ensure her presence before this Court on the next date fixed.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 11) — Criminal Revision No. 894 of 2025, Sandeep Kumar @ Sandeep Kumar Sharma v. State of U.P. thr. Prin. Secy. Deptt. of Home Lko. and 2 Others; interim order dated 19.08.2025 of Saurabh Lavania, J. The revision seeks setting aside of an ex-parte order dated 09.06.2025 passed in Misc. case no. 771/2023 (Smt. Mamta Sharma and others v. Sandeep Kumar Sharma). By way of interim measures the Court (i) directed the S.H.O. concerned to inform opposite party No.2 (Smt. Mamta Sharma, wife of the revisionist) of the date fixed and of the revisionist's offer to settle the matrimonial dispute amicably by mediation with a draft of Rs.20,000 on the next date, so as to ensure her presence; (ii) directed the revisionist to pay interim maintenance of Rs.4,000 per month (including August 2025) to opposite party No.2 during pendency, first on the next date and thereafter on the 1st of each month; (iii) stayed the impugned order qua the revisionist till the next date (08.09.2025), with extension only after hearing revisionist's counsel and conditional on provision of the draft and personal appearance, failing which the interim order would not be extended and no further time granted; (iv) directed the learned A.G.A. to communicate the order to the S.H.O. forthwith. Main revision left undecided, listed for 08.09.2025.

Court No. - 11

Case :- CRIMINAL REVISION No. - 894 of 2025

Revisionist :- Sandeep Kumar @ Sandeep Kumar Sharma Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And 2 Others

Counsel for Revisionist :- Mohammad Salman,Aashish Kumar Chaurasia,Bhanu Pratap Kushwaha

Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard learned counsel for the revisionist and Sri Vinay Kumar Shahi, learned A.G.A. for the State of U.P. as well as perused the record.

The instant revision has been filed seeking following main relief(s):-

"Wherefore, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present revision and set aside the ex-parte impugned order dated 09.06.2025 passed in Misc. case no. 771/2023, Smt. Mamta Sharma and others Versus Sandeep Kumar Sharma in the interest of justice. Otherwise the applicant/Revisionist will suffer irreparable loss and injury."

Learned counsel for the revisionist has stated that the revisionist is ready to settle the dispute, which is matrimonial in nature, amicably by way of mediation and he would provide a draft of Rs.20,000/- (Rs. Twenty Thousands Only) to the opposite party No. 2 on the next date fixed in the case.

Taking note of the aforesaid, let the opposite party No.2/Smt. Mamta Sharma w/o of the revisionist/Sandeep Kumar @ Sandeep Kumar Sharma, be informed by the S.H.O. of the Police Station concerned regarding date fixed in the matter and also that the revisionist is ready to settle the matrimonial dispute amicably by way of mediation and would provide a draft of Rs.20,000/- (Rs. Twenty Thousands Only) to the opposite party No.2 on the next date fixed in the case.

The aforesaid is for the purposes of ensuring presence of the opposite party No.2 through S.H.O. concerned before this Court on the next date fixed.

In addition to above, the revisionist is also directed to pay Rs.4000/- per month, which includes this month i.e. August, 2025 which would be provided on the next date fixed, and thereafter on 1st of every month to the opposite party No.2 during pendency of the instant revision towards interim maintenance.

List this case on 08.09.2025 .

On the next date fixed, the revisionist/Sandeep Kumar @ Sandeep Kumar Sharma shall also appear before this court.

Till the next date of listing, the order impugned dated 09.06.2025 shall remain

stayed qua the revisionist. It is made clear that on the next date of listing, the interim order would only be extended after hearing learned counsel for the revisionist.

It is also made clear that if the revisionist fails to provide the aforesaid draft to the opposite party No.2 on the next date fixed in the case, the interim would not be extended.

It is further made clear that in this regard, no further time would be provided to the revisionist.

Learned A.G.A. is directed to communicate this order to the S.H.O. of the Police Station concerned forthwith for ensuring compliance.

Order Date :- 19.8.2025

Anand/-

Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench