Court No. - 49
Case :- CRIMINAL REVISION No. - 1329 of 2018 Revisionist :- Dildar Ahmad Khan Opposite Party :- State Of U.P. And 4 Others Counsel for Revisionist :- Shibli Naseem,Nafees Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned AGA for the State as also perused the record.
The present criminal revision has been filed against the order dated 13.03.2018 passed by the learned Principal Judge, Family Court, Azamgarh in Case No. 146 of 2017 (Dildar Ahmad Khan Vs. Nazmeen & others), filed in Case No. 368 of 2012 (Nazmeen & others Vs. Dildar Ahmad Khan), under Section 125 Cr.P.C., Police Station- Ahraula, District- Azamgarh, by which the learned Principal Judge rejected the application of the applicant moved under Section 126 Cr.P.C.
Earlier, by order dated 13.03.2013, maintenance allowance @ Rs. 1,500/- per month to the opposite party no. 2 and @ Rs. 500/- each to her three children had been awarded from the date of that order.
While the aforesaid order was not complied with by the applicant, he filed an application under Section 126(2) Cr.P.C. to recall that order. By order dated 13.02.2015, the learned Court below allowed the application filed by the applicant, subject to payment of 50% of the amount due under the ex- parte order dated 13.03.2013.
Again, admittedly, the applicant did not make deposit of the amount so directed. Wholly belatedly he then appears to have filed an application on 13.10.2017. In that application, the applicant only stated the fact that he had no knowledge of the proceedings and that he could not comply with the order passed under Section 125 Cr.P.C. on account of financial stringency.
The aforesaid application has been rejected by the impugned order stating that the applicant has been unnecessarily been delaying the proceedings and that he has no intention to pay the amount due from him.
In view of the facts noted above, the reasoning given by the learned Court below in the order passed under Section 125 Cr.P.C. does not suffer from any infirmity.
In fact, it appears that the application filed on 13.10.2017 was wholly misconceived and not maintainable.
The present revision lacks merit and is accordingly dismissed. Order Date :- 25.4.2018 A. Singh