Court No. - 34
Case :- CRIMINAL REVISION No. - 1075 of 1998 Revisionist :- Smt. Rekha Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ravindra Rai Counsel for Opposite Party :- A.G.A.,A.Khan
Hon'ble Sudhir Agarwal,J.
1. Heard Shri Ravindra Rai, learned counsel for revisionist, learned AGA for State and perused the record.
2. This criminal revision under Section 397/401 Cr.P.C., has been filed aggrieved by judgment and order dated 23.5.1998 passed by IInd Addl. District Judge, Muzaffar Nagar partly allowing Revision No. 312/97 and setting aside order of maintenance granted by IInd Addl. Civil Judge (Sr. Div.)/ Chief Judicial Magistrate, Muzaffar Nagar granting maintenance in favour of revisionist and her daughter.
3. It is contended that finding of revisional court that revisionist is working as Principal in a Junior Primary School is incorrect, inasmuch as, Manager of the institution was examined by Court below and he made statement that only Manju Sharma, Kavita Devi, Rajni and Alka are working in the institution and there is no other teacher. Earlier, name of revisionist Rekha was sent to District Basic Education Officer, but when she did not turn up, Management employed Manju.
4. However, when I read the above statement, it shows that Revisionist Rekha was actually appointed. It is not the case of Manager, PW-1, that she was terminated. If she was not terminated, question of any one else's employment does not arise. This aspect has been raised and considered by Revisional Court. It has also observed that Revisionist had actually worked for 3-4 days. That being so, in absence of any order of termination before Court below, it cannot be said that revisionist had no annual income and in these circumstances, order passed by Revisional Court cannot be faulted which is perfectly justified.
5. No other point has been argued.
6. Dismissed. Interim order, if any, stands vacated.
7. Certify this judgment to the lower Court immediately.
Order Date :- 27.9.2019 Ravi Prakash