Heard learned counsel for the applicant and learned A.G.A. for the State respondent.
The present application under Section 482 of the Code of Criminal Procedure (in short "the Code") has been filed by the applicants for quashing the impugned order dated 17.12.2009 passed in Criminal Revision NO. 197 of 2009 (Ajay Kumar Gupta v Shruti Gupta) passed by the District Judgte, Mirzapur to the extent of staying the execution of the arrest warrant issued against the opposite party no. 2 under the proceedings of Section 128 of the Code.
Learned counsel for the applicant states that against the interim order dated 18.09.200, a revision was filed by the husband Ajay Kumar Gupta alias Jugnu, opposite party no. 2.
Learned counsel for the applicant has referred to the judgement of this Court which is annexed as annexure 1 to the petition, passed on 9.12.2005 in Criminal Misc Writ Petition No. 12076 of 2005 directing the payment of interim maintainance till the time application under Section 125 (3) of the Code is finally decided as well as the order dated 03.03.2006 directing the court below to ensure the compliance of the earlier order referred to above.
It is further contended by the learned counsel for the applicant that the revision filed by the opposite party no. 2 was not maintainable in as much the State was not a party, which was a necessary party to be impleaded. The applicant filed objection therein but the same was not considered and the impugned order was passed.
No useful purpose would be served for keeping the application pending.Therefore, this application is finally disposed of with the direction to the revisional court to consider and decide the objection alleged to have been filed by the applicant in the aforesaid case as expeditiously as possible preferably within a period of four months, from the date of filing a certified copy of this order before the revisional court by a reasoned and speaking order in accordance with law.
Order Date :- 21.1.2010 shailesh