Allahabad High Court
AMIT KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The High Court stayed the operation of the impugned order dated 25.02.2026 until the opposite party files a counter‑affidavit.
Summary
Amit Kumar filed a criminal revision challenging a family court order dated 25.02.2026 that imposed a cost of Rs. 25,000 on him under section 126(2) of the Criminal Procedure Code. He sought a partial setting aside of the order and a stay of the cost pending the revision, alleging irreparable loss. The High Court directed the opposite party to file a counter‑affidavit and, after the notice was served, stayed the operation of the impugned order until such affidavit is filed. The court also recorded the vakalatnama of the opposite party’s counsel and listed the matter fresh for hearing. No substantive merits of the cost order were decided; the relief was limited to a procedural stay.
Issues considered
- What is the effect of a criminal revision under section 126(2) Cr.P.C. on an order imposing cost?
- Whether the High Court can stay the operation of the impugned order pending filing of a counter‑affidavit.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 126(2)
Subjects
- criminal revision
- section 126(2) CrPC
- cost order
- stay of order
- counter affidavit
- family court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 2364 of 2026
Amit Kumar
.....Revisionist(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Revisionist(s) : Rajesh Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 87
HON'BLE PRAVEEN KUMAR GIRI, J.
1. Learned counsel for the revisionist submits that he has preferred the
instant criminal revision with the relief which has been mentioned in the
prayer clause of the revision.
2. The relief which has been mentioned in the revision is delineated
below:-
"It is therefore, Most Respectfully prayed that this Hon'ble court may
kindly be pleased to partly set aside the impugned judgment and order
dated 25.02.2026 passed in misc. case no. 531/11 of 2024 Amit Kumar vs
Smt. Soni under section 126(2) Cr.P.C by the court of Learned Additional
Principal Judge Family Court Farukhabad and only remove the cost of
Rs. 25,000/- imposed upon the revisionist.
It is further prayed that this Hon'ble Court may kindly be pleased to
partly Stay the imposed cost of Rs. 25000 /- upon the revisionist in
pursuance of impugned judgment and order dated 25.02.2026 passed in
misc. case no. 531/11 of 2024 Amit Kumar vs Smt. Soni under section
126(2) Cr.P.C by the court of Learned Additional Principal Judge Family
Court Farukkhabad, during pendency of the instant criminal revision,
otherwise the revisionist shall suffer an irreparable loss and injury."
3. This Court vide order dated 08.04.2026 directed opposite party No.2
for filing counter affidavit.
CRLR No. 2364 of 2026
2
4. As per the office report dated 16.04.2026, the notice has been served
upon opposite party No.2.
5. Shri Atul Kumar Kushwaha, Advocate has filed vakalatnama of Mr.
Vimal Kumar, Advocate on behalf of opposite party No.2 without counter
affidavit.
6. Vakalatnama filed today is taken on record.
7. The effect and operation of the impugned order dated 25.02.2026
passed in misc. case no. 531/11 of 2024 (Amit Kumar vs Smt. Soni) under
section 126(2) Cr.P.C shall be stayed till filing of the counter affidavit.
8. List this case as fresh on 04.05.2026.
(Praveen Kumar Giri,J.)
April 24, 2026
K.Tiwari
Digitally signed by :-
KRISHNA KANT TIWARI
High Court of Judicature at Allahabad
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