ALLAHABAD HIGH COURT
Court No. – 87
Case :- CRIMINAL REVISION No. – 5076 of 2023
Revisionist :- Anuj Tyagi
Opposite Party :- State Of U.P. And 2 Others
Counsel for Revisionist :- Sunil Choudhary
Counsel for Opposite Party :- G.A.,Shiva Tripathi
Hon’ble Manjive Shukla,J.
1. Heard learned counsel appearing for the revisionist and learned A.G.A. for the State.
2. List of fresh cases is being revised. No one is present on behalf of Opposite Parties No. 2 & 3 though the name of Sri Shiva Tripathi is printed in the cause list, as counsel for Opposite Parties No. 2 & 3.
3. Learned counsel appearing for the revisionist has argued that Opposite Party No. 2 had admitted before the trial court that she was doing private job and during pendency of the case filed under Section 125 Cr.P.C., she had resigned from the job.
4. It has further been argued that the revisionist filed an application before the trial court under Section 340 Cr.P.C. and an application for summoning relevant record from the place of employment of Opposite Party No. 2, for the reason that she is still in job but the trial court has not considered those applications and had decided the case finally, as such the impugned order is unsustainable in the eyes of law.
5. I have considered the arguments advanced by the learned counsel appearing for the revisionist and prima-facie arguments appear to carry weight.
6. Matter requires consideration.
7. Let counter affidavit be filed by Opposite Parties No. 2 & 3 within a period of three weeks.
8. List this matter on 9.01.2025, as fresh.
9. Till the next date of listing, operation and implementation of the impugned order dated 24.08.2023, to the extent it provides for payment of maintenance of Rs. 5,000/- per month to Opposite Party No. 2 (Smt. Varsha Tyagi), shall remain stayed.
10. It is further provided that the revisionist shall continue to pay Rs. 10,000/- awarded under the impugned order dated 24.08.2023 in favour of Opposite Party No. 3.
11. It is further provided that in case, revisionist commits any default in payment of maintenance amount to Opposite Party No. 3, this Court shall consider to vacate this interim order.
Order Date :- 12.11.2024