Alok Kumar Agrahari Alias Babloo vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

Alok Kumar Agrahari Alias Babloo vs State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Lko. and 2 Others — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interlocutory order: amendment of the prayer clause of the memo of revision allowed (words 'review / correct' to be scored out and replaced with 'set aside'), amendment to be made during the course of the day; matter listed fresh for 29.05.2026; respondent no.2 permitted to file counter affidavit by the next date of listing. The merits of the revision were not adjudicated in this order.

Issue for consideration

Whether the criminal revision filed by the opposite party in Criminal Misc. Case No.1182 of 2024 against the Family Court order dated 19.03.2024 — dismissing his application seeking dismissal of the proceedings under Section 147 BNSS on the ground that an application under Section 127 Cr.P.C. for alteration of maintenance had already been filed — should be allowed.

Ratio / Principle

The revisionist's application for amendment of the prayer clause of the memo of revision is allowed.

Key takeaways

The amendment is to score out the words 'review / correct' in the 3rd line of the prayer clause and substitute the words 'set aside'; the amendment is to be made in the prayer clause during the course of the day.ratio¶20
The matter is to be listed on 29.05.2026 as fresh.ratio¶21
Counter affidavit, if any, may be filed by the learned counsel for respondent no.2 by the next date of listing.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), CRLR No. 488 of 2026, Ram Manohar Narayan Mishra, J., order dated May 19, 2026 — interim order. Alok Kumar Agrahari alias Babloo, the opposite party in Criminal Misc. Case No.1182 of 2024 (under Section 147 of the BNSS), has preferred this criminal revision against the order dated 19.03.2024 of the 3rd Additional Principal Judge, Family Court, Sultanpur, dismissing his application seeking dismissal of the Section 147 BNSS proceedings on the ground that he had already filed an application under Section 127 Cr.P.C. for alteration of the amount of maintenance on the ground that ITR was filed by the applicant. His application under Section 340 Cr.P.C. was dismissed by the Family Court and a criminal appeal against that order is pending before this Court. The Court allowed the revisionist's amendment application substituting 'set aside' for 'review / correct' in the prayer clause, directed that the amendment be made during the course of the day, listed the matter fresh for 29.05.2026, and permitted respondent no.2 to file a counter affidavit by the next date of listing. No adjudication on merits.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 488 of 2026

Alok Kumar Agrahari Alias Babloo

.....Revisionist(s)

Versus

State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko. And 2 Others

.....Opposite Party(s)

Counsel for Revisionist(s) : Saurabh Kumar Counsel for Opposite Party(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the revisionist, learned AGA for the State respondent and perused the record.

Instant criminal revision has been preferred by the opposite party in Criminal Misc. Case No.1182 of 2024, under Section 147 of the BNSS against the impugned order dated 19.03.2024 passed by the 3rd Additional Principal Judge, Family Court, Sultanpur, whereby the application filed by the opposite party seeking dismissal of the proceedings under Section 147 BNSS, on the ground that an application under Section 127 Cr.P.C. had already been filed by the opposite party for alteration of amount of maintenance on ground that ITR was filed by the applicant. The said application filed by opposite party has been dismissed by learned Family Court.

Learned counsel for the revisionist submitted that he had also filed application under Section 340 Cr.P.C. against original application which has been dismissed by the Family Court by criminal appeal against the said order under Section 340 Cr.P.C. is pending before this Court.

Learned counsel for the respondent no.2 sought time to file counter affidavit.

Application for amendment has been filed on behalf of the revisionist for amendment in prayer clause of memo of revision in which a prayer

CRLR No. 488 of 2026

2

has been made to score out the words "review / correct" in 3rd line of prayer clause and in its place the words "set aside" may be transcribed.

Application is allowed.

Let amendment be made in the prayer clause during course of the day.

List on 29.05.2026 as fresh.

Counter affidavit, if any, may be filed by the learned counsel for the respondent no.2 by the next date of listing.

(Ram Manohar Narayan Mishra,J.)

May 19, 2026

KR

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