Radhey Shyam @ Rinku v. State of U.P. and 2 Others

Court No. - 82 Case :- CRIMINAL REVISION DEFECTIVE No. - 1162 of 2023 Revisionist :- Radhey Shyam @ Rinku Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Deepak Singh Yadav,Sanjay Yadav Counsel for Opposite Party :- G.A.,Pankaj Kumar Mishra Hon'ble Ms. Nand Prabha Shukla,J. HeardSri Amresh Yadav holding brief of Sri Sanjay Yadav, learned counsel for the revisionist and learned AGA for the State. The instant criminal revision has been preferred by the revisionist against the impugned judgement and order dated 26.7.2023 passed by learned Principal Judge, Family Court, Etawah in Case No. 11 of 2020 (Smt. Radha and Another vs. Radhey Shyam @Rinku) under Section 125 Cr.P.C. Police Station Jaswant Nagar, District Etawah whereby the revisionist was directed to pay an amount of Rs. 5,000/- per month to the opposite party no. 2 as maintenance from the date of application and Rs. 2,000/- per month to the opposite party no. 3 till the age of majority. Learned counsel for the revisionist submits that the order dated

26.7.2023 is an ex-parte order granting maintenance to the opposite party nos. 2 and 3. Learned AGA has raised an objection that learned counsel for the revisionist may move an application under Section 126 Cr.P.C. giving him an opportunity of hearing. Keeping in view the aforesaid facts and circumstances, this revision is disposed of with a direction that in case the application is moved by the revisionist under the appropriate provision within a period of one month from today, the same shall be considered and decided in accordance with law, as expeditiously as possible, if there is no other legal impediment. With the aforesaid observation, the criminal revision is disposed of. Order Date :- 6.12.2023 Puspendra High Court of Judicature at Allahabad