Court No. - 45
Case :- CRIMINAL MISC. WRIT PETITION No. - 1853 of 2011 Petitioner :- Raj Kumar Agrawal Respondent :- State Of U.P. And Anr.
Counsel for Petitioner :- Manish Tiwary,Ashwini Kumar Awasthi Counsel for Respondent :- Govt. Advocate,Jagdev Singh
Hon'ble Siddharth,J.
Heard Shri Atharav Dixit holding brief of Shri Manish Tiwary, learned counsel for the petitioner and Shri Jagdev Singh, learned counsel for the respondent.
This petition has been filed against the order dated 18.9.2010 passed by Special Judge/Additional Sessions Judge, Bijnor in Criminal Revision No. 55 of 2009 whereby court below has dismissed the revision and upheld the judgement and order dated 31.1.2009 passed by the Chief Judicial Magistrate, Bijnor in Criminal Misc. Case No. 96 of 2007 awarding maintenance of Rs. 1700/- per month to respondent no.2 and Rs. 800/- per month to her minor daughter, who is now stated to have died during the pendency of the petition.
In the connecting revision no.1057 of 2009 opposite no.2 has prayed for modifying the order dated 15.9.2015 whereby maintenance amount has already been enhanced from Rs. 1700/- per month to Rs. 7,000/- per month by the Principal Judge Family court, Bijnor ,therefore, order impugned in this petition stands superseded by another dated 15.9.2015.
Learned counsel for the petitioner states that his client is not responding.
In view of the fact that order passed under section 125 Cr.P.C. has lost its efficacy. Subsequent order has been passed awarding higher amount of maintenance, therefore, this petition has become infructious.
The petition is dismissed as infructuous.
Order Date :- 24.9.2018 Atul kr. sri.