High Court of Judicature at Allahabad
Case Law Search
Akhilesh Kumar v. State Of U.P. & Another - APPLICATION U/s 482 No. - 21324 of 2007  RD-AH 15914 (24 September 2007)
HIGH COURT OF JUDICATURE AT ALLAHABAD
Court No. 36
Crl. Misc. Application no. 21324 of 2007
Akhilesh Kumar . . . . . .. . . . . . . . .. . . . . . . . . . . .Applicant.
State of U.P. and another. .. . . . . . . . . . . . . . . . . . . Opp. .Parties.
Hon'ble R.K. Rastogi,J.
This is an application under section 482 Cr.P.C. to set aside the impugned order dated 2.3.2007 passed by the Addl. District & Sessions Judge, Court no. 9, Kanpur Dehat in Criminal Revision no. 188 of 1998, Ram Janki Vs. Akhilesh Kumar.
Heard learned counsel for the applicant and the learned A.G.A. for the State.
It appears that Ram Janki filed an application under section 125 Cr.P.C. which was registered as Criminal Case no.132 of 1998, Ram Janki Vs. Akhilesh Kumar claiming herself to be his wife and praying for maintenance from him. This application was rejected by the Judicial Magistrate-II, Kanpur Dehat vide his order dated 28.10.1998. Aggrieved by that order she filed Criminal Revision no. 188 of 1998 before the Sessions Judge, Kanpur Dehat which was subsequently transferred to the court of the Addl. District & Sessions Judge, Court no.9, Kanpur Dehat. During pendency of this revision she also filed some documents. The revision was decided on merits vide judgment and order dated 28.7.2000 in which the revisional court took a view that it could not record any finding of fact in view of the additional evidence produced in revision and had allowed the revision and remanded the matter back to the learned Magistrate for deciding it a fresh in view of the additional evidence led by the parties. Aggrieved by this order Akhilesh Kumar has filed this application under section 482 Cr.P.C. before this Court.
The learned counsel for the applicant submitted that the O.P. no. 2 Ram Janki also filed a suit for declaration that she is legally wedded wife of the applicant and that suit had been dismissed for want of prosecution as she did not remove the defect pointed out in it. He contended that when the aforesaid suit was dismissed in default she had no claim for maintenance. In the alternative he also submitted that the matter may be referred to the Mediation Center, High Court, Allahabad.
It is to be seen that the learned Addl. Sessions Judge, committed no legal mistake by remanding the matter to the learned Magistrate to decide it a fresh in view of the additional evidence led by the parties with an opportunity to them to lead evidence before the Magistrate also, if they so desire. The effect of the dismissal of the original suit miscellaneous no. 14-7-2001, which was dismissed in default for non removal of the defects, shall also be considered by the Magistrate while considering the claim of Ram Janki who asserted that she is legally wedded wife of the applicant. There is no error in the order passed by the learned Addl. Sessions Judge in directing the matter to be re-heard by the Magistrate and the order passed by him does not suffer from any illegality.
There is no force in this application under section 482 Cr.P.C. and it is accordingly dismissed. The Magistrate shall proceed with the case and decide the same at an early date, as directed by the Addl. District & Sessions Judge.
Double Click on any word for its dictionary meaning or to get reference material on it.