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Allahabad High Court

DEVENDRA SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The revision is dismissed as withdrawn.

Summary

The revisionist, Devendra Singh, filed a criminal revision seeking to set aside a family court order dated 09.03.2026 that secured amounts deducted in an execution case. He contended that earlier maintenance orders under Section 125 Cr.P.C. had been enhanced under Section 127 Cr.P.C., and he was uncertain about any further changes to his pension or the wife’s claims. The revisionist later expressed a desire to withdraw the revision. The High Court, after considering the counsel’s request, dismissed the revision as withdrawn, thereby leaving the impugned order in force.

Issues considered

  • Whether the criminal revision filed by the petitioner can be withdrawn and dismissed at the petitioner's request.

Legislation cited

Subjects

  • criminal revision
  • maintenance order
  • Section 125 Cr.P.C.
  • Section 127 Cr.P.C.
  • withdrawal of revision
  • family court

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   CRIMINAL REVISION No. - 2513 of 2026

Devendra Singh
                                                                 .....Revisionist(s)
                                      Versus

State of U.P. and Another
                                                                      .....Opposite
                                                                            Party(s)

Counsel for Revisionist(s)            :   Devendra Singh, Pravindra Singh
Counsel for Opposite Party(s)         :   G.A.

Court No. - 87
                 HON'BLE PRAVEEN KUMAR GIRI, J.

1. Shri Pravindra Singh, 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
     graciously be pleased to allow the present criminal revision and set-aside
     the impugned order dated 09.03.2026 passed by learned Principal Judge,
     Family Court, Shamli at Kairana in Misc. Case no. 407 of 2025 (Smt.
     Manju Versus Devendra Singh), under Section 144(3) B.N.S.S., Police
     Station-Shamli, District- Shamli securing amount which have been
     deducted by opposite party no. 2 in execution Case No. 139 of 2025 under
     Section 144(3) B.N.S.S. and/or may pass any other and further order or
     direction which this Hon'ble Court may deem fit and proper under the
     facts and circumstances of the case otherwise revisionist shall suffer
     irreparable loss and injury which cannot be compensated in any
     manner."

3. Learned counsel for the revisionist submits that on 29.10.1999, the
Judicial Magistrate, Kairana, District Shamli allowed the application filed
under Section 125 Cr.P.C. directing the revisionist to pay Rs. 2,500/- per
month to the wife-opposite party No.2. He further submits that the
revisionist was serving in the Police Department as Constable at that time
                                                                                           CRLR No. 2513 of 2026
                                                                   2


                                    and on account of enhancement in the salary of the revisionist, the wife
                                    moved an application under Section 127 Cr.P.C. and vide order dated
                                    13.07.2016, the learned Additional Principal Judge/F.T.C. Court No.4,
                                    Muzaffarnagar enhanced the amount of maintenance from Rs. 2,500/- to
                                    Rs. 5,000/-.

                                    4. Learned counsel for the revisionist also submits that the pension
                                    amount of the revisionist was Rs. 21,570/- on 21.11.2015.

                                    5. Learned counsel for the revisionist further submits that as on today, he
                                    has no knowledge whether the pension of the revisionist has been
                                    increased and he furhter submits that it is also not in his knowledge
                                    whether the wife has moved any further application under Section 127
                                    Cr.P.C.

                                    6. Learned counsel for the revisionist further submits that he does not
                                    want to press this revision and the same may be permitted to be
                                    withdrawn.

                                    7. On the request of learned counsel for the revisionist, the present
                                    revision is dismissed as withdrawn.



                                                                                     (Praveen Kumar Giri,J.)
                                    May 7, 2026
                                    K.Tiwari




Digitally signed by :-
KRISHNA KANT TIWARI
High Court of Judicature at Allahabad


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