Court No. - 83
Case :- CRIMINAL REVISION No. - 2148 of 2021 Revisionist :- Jagdish Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Radheshyam Yadav Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Radheshyam Yadav, learned counsel for revisionist and learned A.G.A. for State.
This criminal revision has been filed challenging order dated 1.2.2021, passed by Additional Principal Judge, Family Court, Kushi Nagar at Padrauna in Misc. Case No. 1220 of 2020 (Subhashini Devi and another Vs. Jagdish yadav) under section 128 Cr.P.C. Police Station- Kotwali Hata, District Kushi Nagar.
At the very outset, learned A.G.A. has raised a preliminary objection regarding maintainability of present criminal revision. Learned A.G.A. contends that against order dated 1.2.2021, passed by Court below, under section 125 Cr.P.C. revisionist preferred Criminal Revision No. 1019 of 2016 (Jagdish Yadav Vs. State of U.P. and 2 Others). In the aforesaid criminal revision, Court passed an order dated 13.4.2016, which reads as under:
"Heard learned counsel for the revisionist and learned A.G.A.
Learned counsel for the revisionist submits that matter be referred to the Mediation and Conciliation Centre of this Court so that the matter may be amicably settled.
Considering the facts and circumstances of the case the matter is referred to the Mediation and Conciliation Centre of this Court and the revisionist is directed to deposit a sum of Rs. 10,000/- by way of demand draft/pay order in the name of Registrar General A/c, Allahabad High Court Mediation & Conciliation Centre within a period of three weeks from today. After deposit of the aforesaid money, office shall send a notice to the opposite party no. 2 and 3 fixing 27.5.2016 to appear before the Mediation and Conciliation Centre of this Court. The aforesaid amount shall be payable to the opposite party no. 2 on her appearance before the Mediation and Conciliation Centre. In addition to the aforesaid amount, revisionist is also directed to deposit the interim maintenance amount as directed by the court below. The Mediation Centre will submit its report in the matter within three months.
All the opposite parties may file counter affidavit within four weeks. Rejoinder affidavit may be filed within two weeks thereafter.
List this case on 29.8.2016 before the appropriate Bench along with the report of the Mediation Centre.
Till the next date of listing before the Court, further proceedings against the revisionist in case no. (569 of 2011) 39 of 2016 (Suwasini Devi Vs. Jagdish), under Section 125 Cr.P.C. pending in the Court of Principal Judge, Family Court, Kushi Nagar Padrauna shall remain stayed.
If the amount, as directed above, is not deposited by the revisionist within the aforesaid period, the stay order shall automatically come to an end and the office shall immediately list this case for further orders before the Court. "
Subsequently, vide order dated 29.5.2019, Court vacated the interim protection in above mentioned criminal revision vide order dated 29.5.2019. Same reads as under:
"List has been revised.
None is present on behalf of the revisionist to press this revision. Learned counsel for the respondent and learned A.G.A. are present.
This Court vide order dated 6.10.2016 had referred the dispute to the Mediation and Conciliation Centre of this Court.
Learned counsel for the respondent has informed the Court that the mediation in this case has failed.
List in July, 2019 before appropriate Bench. Interim order, if any, stands vacated. "
On the aforesaid premise, learned A.GA. contends that once the order under section 125 Cr.P.C. passed against revisionist is operating, revisionist cannot challenge the order dated 1.2.2021 under section 128 Cr.P.C, which is a consequential order.
When confronted with above, learned counsel for revisionist could not overcome the same.
As a result, present criminal revision fails and is liable to be dismissed. It is accordingly dismissed.
Order Date :- 23.9.2021 Arshad