Dismissed¶15

Alam Alias Mohsin v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

Allahabad HC8 Aug 2025CRLRD/393/2025

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The averments made in the affidavit filed in support of the application (Crl. Misc. Application No. 2 of 2025) seeking condonation of delay of about 1284 days are completely misconceived; the condonation application is accordingly rejected. ¶15

Alam Alias Mohsin Vs State of U.P. Thru. Addl… — Maintenance and Alimony | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:46360

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Court No. - 11

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Case :- CRIMINAL REVISION DEFECTIVE No. - 393 of 2025

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Revisionist :- Alam Alias Mohsin Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Lko. And 2 Others Counsel for Revisionist :- Nazmul Hasan Counsel for Opposite Party :- G.A.

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Hon'ble Saurabh Lavania,J.

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Heard learned counsel for the revisionist and learned AGA for the State of U.P. as well as perused the record.

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The instant revision has been preferred alongwith an application (Crl. Misc. Application No. 2 of 2025) seeking condonation of delay of about 1284 days challenging the order dated Principal Judge, Family Court, Lakhimpur Kheri (in short "Family Court") in Case No. 219/2015 (Aftari and Another Vs. Alam), under Section 125 Cr.P.C.. The operative portion of the order dated 29.05.2017 reads as under:-

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" पपरररननदपरपपसत पपररनपपतअनतररतधपरप 125 दद०प०सद०एकपकनयरपसस तदनतसपरननसतपररतनकयपजपतपहह।नवपकनआलमककआदसनशतनकयपजपतपहहनकवह पपरररननसद 0-1 शनमतनअफतरनककमत० 2000 ( दकहजपर )/- रपयसतरपपपररसद 0-2 सपनकबअवयसकप ककमत 0-1000 ( एकहजपर ) /- रपयस , कतलमत 0-3000 ( तनन हजपर ) /- रपयसपनतमपहभरण - पकषणआदसशककनतररससपतयसकमपहकक 10 तपरनखतक अदपकरनपसतननशशशतकरर। "

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To condone the delay of about 1284 days, following averments have been made in the affidavit filed in support of the application seeking condonation of delay:-

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"3. That the revisionist got knowledge of the above said impugned order in the last week of June 2025 when the recovery proceedings initiated against the revisionist in pursuance of the above said impugned order dated 29.05.2017 the learned court below issued recovery warrant against the revisionist when the local police came the house of the revisionist.

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4. That when the local police came for compliance of the learned court below's order dated 29.05.2017 in the last week of June 2025 then the revisionist had got knowledge of the impugned order and thereafter he contacted his counsel and counsel who is conducting the case of the revisionist he is also no more in the year 2023, therefore the revisionist could not get the information of passing the impugned order.

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5. That thereafter the revisionist had deposited some of Rs. 50,000/- in compliance of the impugned order dated 29.05.2017, without of his guilt, because the revisionist stayed in her maika since 2011 and one child was also born in her maika because she did not live with the revisionist after marriage.

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6. That thereafter the revisionist applied for certified copy of the impugned order dated 29.05.2017 on July 01, 2025 and get the certified copy of the impugned order dated 29.05.2017 on 03.07.2025 and thereafter he came Lucknow 16.07.2025 and met with the present counsel.

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7. That thereafter without further loss of time the revisionist prepared the present revision against the exparte judgement and order dated 29.05.2017 and filed before the Hon'ble Court."

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To the view of this Court, the aforesaid averments made in the affidavit filed in support of the application seeking condonation of delay are completely misconceived. Thus, the application (Crl. Misc. Application No. 2 of 2025) seeking condonation of delay in filing the instant revision is accordingly rejected . Consequently, the instant revision is also dismissed .

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Order Date :- 8.8.2025 Mohit Singh/-

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Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench

Alam Alias Mohsin v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

Case brief

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Alam Alias Mohsin v. State of U.P. Thru. Addl. Chief Secy. Home Lko. and 2 Others

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