Court No. - 49
Case :- CRIMINAL REVISION No. - 662 of 2018 Revisionist :- Ramvir Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Rajesh Tripathi,Krishna Murari Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Saumitra Dayal Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present revision has been filed against the recovery warrant issued against the applicant in pursuance of the order dated 5.10.2016 passed under Section 125 Cr.P.C., by which the maintenance allowance @ of Rs. 3,000/- had been awarded to the opposite party no.2, from the date of the order till he attains the age of majority and Rs. 1,500/- per month towards arrears (from the date of application i.e. 13.8.2007 till the date of the order i.e. 5.10.2016).
The learned counsel for the applicant contends, earlier, against the order dated 5.10.2016, the applicant had earlier filed Revision no. 88 of 2017, such revision having been filed with a delay. The defect in the revision has yet not been removed. But in the meanwhile, recovery had been issued against the applicant.
Also, it is an undisputed fact that the applicant has not deposited any amount towards discharge of his liability for maintenance allowance for 111 months from the date of the order and further period of 16 months from the date of order till February, 2018.
Thereafter, it has been submitted that the learned court below has erred in awarding the monthly maintenance allowance from the date of application, whereas it should have made from the date of order. This dispute does not arise in the present case, in as much as the order dated 5.10.2016 is not in challenge in the present application, it being directed against the recovery warrant only.
In any case, I find, in the instant case, the application had been filed by the opposite party on 13.08.2007. It ought to have been decided within a period of 60 days from that date. However, the same has been decided more after 110 months from the date when such application was filed without any amount being paid to the opposite party towards interim maintenance.
Also, the opposite parties have not received any amount towards maintenance as had been claimed by them and which under law, they were entitled to. Also, even upon amount as claimed becoming payable they have not become entitled to any interest for the inordinate delay. As on date, about Rs. 2,14,500/- would be outstanding against the applicant (upto February 2,14,500/-). The cost of such delay, if at all has to be borne by one party, it has to be the applicant herein and not the opposite parties/claimant especially, when the law created an expectation for the application to be decided within sixty days of it being filed. Therefore, in my view the award of the maintenance from the date of application does not suffer from any infirmity.
Insofar as the applicant has prayed for time to make good the deficiency of deposit, looking into the facts it does appear that the applicant is a farmer, the ends of justice would be met, if the applicant is allowed some time to make such deposit.
Accordingly, the instant application is disposed of with the following directions:
1. Subject to the applicant furnishing adequate security for an amount of Rs. 2,14,500/- to the satisfaction of the court below in the shape of other than cash or bank guarantee by 31.03.2018, further coercive measures adopted against the applicant shall remain stayed, subject to other conditions provided herein.
2. The applicant shall continue to deposit the monthly maintenance allowance from the period from March, 2018 onwards as and when it becomes due, in the manner provided by the court below.
3. The applicant shall further deposit Rs. 48,000/- towards maintenance allowance from the date of order i.e. 05.10.2016 up to February, 2018 (for a period of 16 months @ Rs. 3,000/- per month) on or before 31.03.2018.
4. Subject to the applicant having complied with the above, the amount of Rs. 1,66,500/- (approximately) arrears of maintenance allowance for the period from the date of application till the date of order shall be deposited in four bimonthly installments, such installments being payable on or before 31.05.2018, 31.07.2018, 30.09.2018 and 30.11.2018 respectively. The first three installments would be of Rs. 50,000/- each while the fourth/last installment would be for the balance amount.
The amount so deposited by the applicant shall be released to the opposite parties no. 2 forthwith.
However, it is made clear that in the event of failure on part of the applicant to comply with any part of the order, coercive measures be revived from that stage without any further reference to this Court and recoveries may also be made from the security, if any, offered by the applicant in compliance of this order.
Disposed of.
Order Date :- 27.2.2018 Mini