Court No. - 55
Case :- CRIMINAL REVISION No. - 3582 of 2018 Revisionist :- Lucky Singhal And 5 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Abhishek Tiwari Counsel for Opposite Party :- G.A.
Hon'ble Chandra Dhari Singh,J.
Present revision has been filed against the impugned order dated 31.08.2018 passed by Additional Sessions Judge, court no.2, Ghaziabad in criminal appeal No.31 of 2015 and against the order dated 29.01.2015 passed by A.C.J.M. II Ghaziabad in criminal case no.103 of 2013, under Section 12 of the Domestic Violence Act, P.S. Vijay Nagar, District Ghaziabad.
Learned counsel for the revisionists submitted that the impugned orders dated 31.08.2018 and 29.01.2015 are absolutely perverse, illegal and against the provisions of law. Both the courts below have mechanically passed the impugned orders on the basis of perverse finding.
He further submitted that both the courts below have failed to appreciate the facts that in the proceedings of 125 Cr.P.C. the court below has passed the order dated 16.01.2017 in which directed the revisionist no.1 to pay monthly maintenance Rs.6000/ to the opposite party nos.2 and 3. Opposite party no.2 is residing separately with her choice and the revisionists have never committed torture to her in respect of demand of dowry.
Learned A.G.A. vehemently opposed the submissions advanced by learned counsel for the revisionists and submitted that courts below has not committed any error in passing the impugned orders. Present revision has no merit and is liable to be dismissed.
I have heard learned counsel for the revisionists and learned A.G.A. for the State.
Courts below have passed the impugned orders dated 31.08.2018 and 29.01.2015 after considering all aspects of the matter and material available on record. There are no illegality in the impugned orders.
In view of above, I do not find any merit in the submissions advanced by learned counsel for the revisionists. The instant revision is accordingly dismissed.
Order Date :- 29.11.2018 Asha (Chandra Dhari Singh,J.)