Court No. - 24
Case :- CRIMINAL REVISION No. - 932 of 1996 Revisionist :- Laxmi Narain Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Atul Dayal,A.K.Srivastava Counsel for Opposite Party :- Govt.
Advocate,K.K.Tripathi
Hon'ble Dinesh Kumar Singh-I,J.
Case called out in the revised list. None is present on behalf of parties.
Sri G.P. Singh, learned AGA for the State is present.
Since,this revision is of the year 1996 and is very old, therefore, it is being disposed of on merits in absence of the parties with the assistance of learned AGA appearing for the State.
The present revision has been directed against the order dated 3.7.1996, passed by Sri Yaswant Singh Senger, the then Family Judge, Kanpur Nagar whereby he has directed that the attached property which belonged to Srawan Kumar who was opposite party before the Trial Court be auctioned and sold and the proceeds of the same was directed to be deposited in the Trial Court. The said order has been challenged stating in the grounds that the Trial Court has exceeded its jurisdiction. Under Section 125 Cr.P.C. there is no provision which empowers the Court to attatch and auction the property of father-in-law of the estranged wife. Even under the provisions of Section 421 Cr.P.C. only the property belonging to the offender can be attached and sold towards the realization of the amount, if any, as such father-in-law, cannot be punished for an offence committed by his son. It is further mentioned that the Court below has wrongly observed that applicant did not co-operate regarding providing the access of his son. The property which was attached was jointly owned by the husband and father-in-law and the same could not be attached.
On a perusal of record, it appears that no stay order was passed at the time of institution of this revision on 12.7.1996, hence, the impugned order would have been carried by now and this revision, therefore, appears to have become infructuos.
In view of the above, this revision is dismissed as infructuous. If the revisionist has any grievance, he may approach this Court.
Let record be consigned to records.
Order Date :- 26.4.2019 Neeraj