Court No. - 82
Case :- CRIMINAL REVISION DEFECTIVE No. - 582 of 2019 Revisionist :- Vilal Opposite Party :- State Of U.P. And Anr. Counsel for Revisionist :- Ravi Shankar Tripathi Counsel for Opposite Party :- G.A.
Hon'ble Pradeep Kumar Srivastava,J.
Shri. Ram Krishna Dubey, Advocate holding brief of Shri. Ravi Shankar Tripathi, learned counsel for the revisionist and learned A.G.A for State are present.
Heard on delay condonation application.
As per office report there is a delay of 439 days in filing this revision. It appears from perusal of the impugned judgement that the judgement was passed on merit in presence of both the parties and, therefore, it cannot be said that revisionist was not having the knowledge of the impugned order.
Submission of the learned counsel for the revisionist is that, revision could not be filed earlier because the revisionist was facing financial crisis and therefore after collecting money, he has filed this criminal revision.
The impugned judgement challenged after this much of delay has been passed on the application under Section 125 Cr.P.C and by impugned judgement the wife has been awarded maintenance of Rs. 3,000/- from the date of the judgement and Rs. 2,500/- from the date of application.
In respect of the amount of Rs. 2,500/- which has been awarded from the date of application, the learned counsel for the revisionist has submitted that learned court below has awarded an interim maintenance of Rs. 2,500/- and the same has been incorporated while disposing of the application under Section 125 Cr.P.C by the impugned judgement.
Section 125 Cr.P.C has been enacted for a specific purpose and to protect the wife from hardship and destitution. If such delayed revisions are entertained, it will have the effect of denying justice to the wife in favour of whom a small amount of Rs. 3,000/- has been awarded.
I, do not find reason given by the revisionist for condoning the delay to be sufficient and justified. Therefore the delay condonation application is rejected.
Accordingly the revision is also dismissed.
Order Date :- 25.7.2019 PS