Court No. - 64
Case :- CRIMINAL REVISION No. - 3642 of 2019 Revisionist :- Kanhaiya Dubey Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ram Chandra Kushwaha Counsel for Opposite Party :- G.A.
Hon'ble Karuna Nand Bajpayee,J.
This criminal revision has been filed seeking quashing of the order dated 20.8.2019 passed by the Principal Judge Family Court, Deoria in Misc. Case No. 105 of 2018, Kanhaiya Dubey versus Meera Devi, under Section 126(2) Cr.P.C., P.S. Salempur, District Deoria arising out of Maintenance Case No. 215 of 2014, Meera Devi versus Kanhaiya Dubey, under Section 125 Cr.P.C..
Heard learned counsel for the revisionist, learned A.G.A. and perused the record.
Learned counsel for the revisionist has submitted that the exparte order that was passed against the revisionist was recalled after imposing cost of Rs. 35,000/-. Learned counsel has not been able to show any order in this regard. Attention of this Court was drawn to the order dated 7.6.2019 and the order dated 20.8.2019. A conjoint reading in the same show that the submission made by the counsel appears to be correct. It further transpires that the aforesaid cost of Rs. 35,000/- was never deposited on behalf of the revisionist which has resulted into an adverse order dated 20.8.2019. Submission is that because of some personal difficulties and the death in the famly, the revisionist could not comply with the order in time which has resulted into this situation. It has been stated on behalf of the revisionist that he desirous to comply with the aforesaid order and this Court may issue necessary directions in this regard.
Ordinarily this Court would have preferred to issue notice to the other side but in that situation the impugned proceedings in the court below ought to have been stayed by this Court but that course would have been more detrimental to the interest of both the parties. In the wake of heavy pendency of cases in this Court where dockets are already bursting on their seams there is hardly any likelihood for this matter to be taken up at an early date for hearing. Moreover, as the issue involved in the matter relates to the fairness of trial and principles of natural justice, this Court deems it and proper to dispose of this revision at this stage.
Accordingly this criminal revision is disposed of keeping in view all the facts and circumstances of the case with a direction that the revisionist shall deposit Rs. 35,000/- within 10 days from today in the court below which shall be handed over to the wife. In case of compliance of this direction, the exparte order issued against the revisionist shall stand recalled and the court below shall proceed further in the matter in accordance with law. In the aforesaid period of 10 days or till the deposit of the money whichever is earlier, the coercive measures, if any issued against the revisionist shall remain in abeyance.
Order Date :- 30.9.2019 CPP/-