Court No. - 66
Case :- CRIMINAL REVISION DEFECTIVE No. - 969 of 2019 Revisionist :- Sushil Tiwari Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Ashok Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Rajul Bhargava,J.
Heard Sri Ashok Kumar Pandey, learned counsel for the revisionist and learned A.G.A. for the State.
Instant criminal revision has been filed by the revisionist with the prayer to quash the judgement and order dated 17.05.2019 passed by Additional Judge, Family Court/Fast Track Court, District Ballia in Case No.90 of 2017 (C.N.R. No. UPBL)10037142017) (Sunita and another Versus Shushil Tiwari) under Section 125 Cr.P.C., Police Station Nagra, District Ballia.
It is contended by learned counsel for the revisionist that the impugned order dated 17.05.2019, whereby the maintenance allowance has been awarded to opposite party no.2 and her son is an ex parte order. It is admitted that no recall application was moved under Section 126 Cr.P.C. The court below has now issued recovery warrant against the revisionist. The learned counsel for the revisionist has challenged the order granting maintenance on the ground that opposite party no.2 has remarried, therefore, she has not entitled for any maintenance. Thus, the impugned order may be quashed.
Per contra, learned A.G.A. has raised serious objection and submitted that in the changed circumstances the revisionist has alternative remedy to move an application under Section 127 Cr.P.C. before appropriate court for recall of the order granting maintenance to opposite party no.2 and her son.
In view of aforesaid, in case any such application is moved, the learned Magistrate concerned is directed to decide the application under Section 127 Cr.P.C. for recall of ex parte order and pass appropriate order in accordance with law within a period of two weeks from the date of presentation of the same along with certified copy of this order.
In the light of aforesaid, the instant criminal revision is disposed of.
Order Date :- 26.11.2019/MN/-