Court No. - 50 Case :- CRIMINAL REVISION No. - 3033 of 2010 Petitioner :- Asfaq Ahmad Respondent :- State Of U.P. & Ors. Petitioner Counsel :- Neeraj Singh Respondent Counsel :- Govt. Advocate Hon'ble S.C. Agarwal,J.
Heard learned counsel for the revisionist, learned A.G.A. for the State
and perused the record.
This revision has been filed against the order dated 8.6.2010 passed
by A.C.J.M.-I, Budaun in criminal misc. case no.764 of 2006 Smt.
Saira Vs. Ashfaq whereby recovery warrant and arrest warrant were
issued against the revisionist.
It is submitted by learned counsel for the revisionist that order granting
maintenance was passed in the year 1992, but in 1997 the opposite
party no.2 started living with the revisionist and stayed with him for a
few months and thereafter again left the revisionist. It was submitted
that that the revisionist did not know that he would have to pay the
maintenance allowance for the period opposite party no.2 lived with
him. It was also submitted that some time may be granted for payment.
From the order-sheet, it is revealed that orders for issuing recovery
warrant and arrest warrant were not issued on 8.6.2010 for the first
time. Orders for recovery warrant and arrest warrant were passed by
the Magistrate earlier also. Order dated 8.6.2010 is merely a repetition
of previous orders. Moreover, the impugned order is interlocutory in
nature. The order granting maintenance was never challenged by the
revisionist. Therefore, the order passed in recovery proceedings can
not be said to be unjustified.
In view of the above, I do not find any good ground to interfere in the
revision.
The revision lacks merit and is accordingly dismissed.
Learned counsel for the revisionist prays for some time to deposit the
arrears of maintenance allowance.
The entire arrears of maintenance allowance be deposited in the court
of Magistrate within four weeks from today.
Till four weeks from today, no coercive process shall be issued against
the revisionist.
Order Date :- 5.8.2010
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