Court No. - 45
Case :- CRIMINAL REVISION No. - 3661 of 2018 Revisionist :- Sushil Kumar Sahu Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Sanjeev Kumar Sharma Counsel for Opposite Party :- G.A.
Hon'ble Siddharth,J.
Heard learned counsel for the revisionist, learned AGA for the State and Sri Anil Kumar Pathak, learned counsel appearing on behalf of opposite party no.2.
The opposite party no.2 filed an application under Section 125 Cr.P.C, which was allowed by ex-parte order dated 24.02.2015. An application under Section 126(2) Cr.P.C was filed by the revisionist before the Court below for recalling the ex-parte order dated 24.02.2015 and by order dated 27.1.2018 the Court below directed the revisionist to deposit 50% of the amount of maintenance w.e.f., 30.06.2017 till date as pre-condition for affording opportunity of hearing again. The applicant did not complied the aforesaid order and approached this Court by way of Criminal Revision No.949 of 2018, which was disposed of with a direction that the applicant is granted three months time to comply the order dated 27.01.2018 passed by the Court below and he was also directed that, in the meanwhile, he will continue to deposit Rs.5,000/- per month from April, 2018 onwards on or before the 10th of every month. It was finally held that subject to the above compliance being made by the applicants the ex- parte order dated 24.02.2015, shall stand recalled and the learned court below may decide the matter afresh.
Learned counsel for the applicant has submitted that he has deposited Rs.1,50,000/- towards half of the amount directed to be deposited by this Court as per order dated 27.1.2018. However, by the impugned order dated 11.09.2018 the Court below has held that the applicant is not making the deposit of Rs.5,000/- per month, which was directed to be deposited by the High Court from April, 2018 and therefore, direction has been passed to the applicant to deposit aforesaid amount as per order passed by the High Court.
Aggrieved by the aforesaid order dated 11.09.2018, the applicant has approached this Court. A perusal of the order shows that it has been passed in accordance with the order dated 28.03.2018 passed by this Court. A perusal of the order further shows that there was direction for payment of Rs.5,000/- per month to the opposite party no.2 from April, 2018 onwards on or before the 10th of every month, which has not been complied by the applicant.
This revision is disposed of with a direction that applicant shall deposit the amount of Rs.5,000/- per month from April, 2018 onwards till the disposal of the application under Section 125 Cr.P.C by the Court below. The arrears of maintenance shall be deposited within a month and the monthly amount of maintenance shall continue to be deposited by the applicant on 10th of every month.
It is, however, observed that the court below shall make all endeavour to decide the application under Section 125 Cr.P.C of the opposite party no.2 within a period of three months from the date of production of a certified copy of this order after affording due opportunity of hearing to the parties.
Order Date :- 30.10.2018 SS