Court No. - 72
Case :- CRIMINAL REVISION No. - 3395 of 2019 Revisionist :- Mohd. Talib Opposite Party :- State Of U.P. And 2 Ors. Counsel for Revisionist :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Joshi,J.
Heard learned counsel for the revisionist and learned AGA for the State.
Present revision under Section 397/401 Cr.P.C. has been filed for setting aside the judgment and order dated 20.7.2019 passed by Additional District and Sessions Judge, Court No. 5/Special Judge Gangster Act, Moradabad in Criminal Appeal No. 54 of 2018, under Section 29 of The Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as the Act) and the order dated 10.8.2018 passed by Chief Judicial Magistrate, Court No. 6, Moradabad, in Case No. 608 of 2017, under Section 23 of the Act.
It reflects from the record that in a proceeding under Section 23 of the Act, on 10.8.2018, an order was passed by the Magistrate granting interim maintenance to the extent of Rs. 2,000/- per month and Rs. 1,000/- per month for the opposite party no.2-wife and opposite party no.3-daughter respectively. The said order was challenged in an appeal, which was dismissed affirming the findings recorded by the trial court. The trial court has recorded that the applicant is hale and hearty person and have sufficient source of income and and therefore, the maintenance was granted.
I do not find any illegality or infirmity in the order impugned herein. The revision is totally misconceived and is, accordingly, dismissed.
Since the application of the revisionist under Section 12 of the Act is pending since 2017, therefore, direction is issued to the concerned Magistrate to consider and decide the same as expeditiously as possible, without granting unnecessary adjournment to either of the parties.
With the above observation/direction, the revision stands disposed of.
Order Date :- 30.9.2019 Noman