Court No. - 45
Case :- CRIMINAL REVISION No. - 1057 of 2009 Revisionist :- Sadhana Rani Rastogi & Another Opposite Party :- State Of U.P. & Another Counsel for Revisionist :- Jagdev Singh Counsel for Opposite Party :- Govt. Advocate,A.K.Awasthi,Manish Tiwari
Hon'ble Siddharth,J.
Heard Shri Jagdev Singh, learned counsel for the revisionist and Shri Atharav Dixit holding brief of Shri Manish Tiwari, learned counsel for the opposite party no. 2 This criminal revision has been filed against the judgement and order dated 31.1.2009 passed by the C.J.M., Bijnor in Misc. Case No. 96 of 2007(Sadhana Rani Rastogi Vs. Raj Kumar Agarwal) under section 125 Cr.P.C. by which Magistrate has awarded Rs. 1700/- per month as maintenance to the revisionist no.1 and Rs.800/- per month to the revisionist no.2.
By the aforesaid order the revisionists have been directed to be paid Rs. 1700/- and Rs. 800/- respectively towards maintenance by the C.J.M. Bijnor in the proceedings under section 125 Cr.P.C. The revisionists have approached this court for enhancement of maintenance awarded by the court below .It is not disputed that subsequently revisionists have filed another application under section 127 Cr.P.c. before the trial court which has been allowed by the Principal Judge, Family Court, Bijnor directing payment of Rs. 7,000/- to the revisionist no.1 since revisionist no,2 Ira, has died during the pendency of the dispute. This order has attained finality as there is no material on record to prove that this order has been challenged.
Learned counsel for the opposite party no.2 states that his clients are not responding and he has no instructions in the matter. In view of the fact that the maintenance amount has already been enhanced therefore, no order is required to be passed. It is open for the revisionist to execute the order.
In view of the above impugned judgement and order does not suffers from any illegality, infirmity or jurisdictional error requiring any interference by this court.The revision lacks merit and is liable to be dismissed.
Hence revision is accordingly dismissed Order Date :- 24.9.2018 Atul kr. sri.