Court No. - 72
Case :- CRIMINAL REVISION No. - 21 of 2019 Revisionist :- Arif Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Maohammd Nadeem,Dur Vijay Singh Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
Hear learned counsel for the revision-applicant and learned Additional Government Advocate for the State.
By means of this criminal revision, the applicant has challenged the order dated 28th November, 2018 passed by the Principal Judge, Family Court, Auraiya in Misc. Case No. 124 of 2017 to the extent that cost of Rs.20,000/- has come to be imposed upon the applicant under Section 126(2) of the Code of Criminal Procedure, 1973.
The grievance of the applicant is that cost of Rs.20,000/- is too excessive more specifically when he has taken a specific ground that he has never avoided to participate in the proceedings.
Per contra, learned Additional Government Advocate states that maintenance had already been awarded vide order dated 26th May, 2017 and in that regard proper findings have been returned and further no evidence has been brought on record to corroborate the statement as have come in the affidavit.
Considering the facts and circumstances of the case since the court below has set aside the ex parte order whereby the maintenance was awarded in the said application, the cost should have been only to the extent to justify the order for recall and, accordingly, I direct that the proceedings under Section 125 Cr.P.C. shall be concluded on merits within a period of three months from today without giving unnecessary adjournment to either of the parties provided the applicant deposits Rs.10,000/- as cost by 6th February, 2019.
In the event of any default of direction by the applicant, the court below shall proceed with the matter in accordance with law as per its own direction dated 28th November, 2018.
The criminal revision is, accordingly, disposed of.
Order Date :- 21.1.2019 Atmesh