SMT. PRITI SAXENAversusSTATE OF U.P. AND ANOTHER

           HIGH COURT OF JUDICATURE AT ALLAHABAD

                  CRIMINAL REVISION No. - 4063 of 2025

Smt. Priti Saxena
                                                                      .....Revisionist(s)
                                         Versus
State of U.P. and Another
                                                                            .....Opposite
                                                                                  Party(s)

Counsel for Revisionist(s)    : Awaneesha Kumar, Narendra Singh
Counsel for Opposite Party(s) : Fuzail Ahmad Ansari, Shivam Shukla,
                                Sushil Kumar Shukla

Court No. - 87
                         HON'BLE ABDUL SHAHID, J.

1. Heard learned counsel for the revisionist, learned counsel appearing for opposite
party no. 2, and learned A.G.A. for the State.

2. Under challenge is the impugned order dated 24.06.2025 passed by the learned
Special Chief Judicial Magistrate, Kanpur Nagar, whereby the discharge application
of the revisionist under Section 245(2) Cr.P.C. has been rejected in Case No. 21511 of
2017 (Sachin Narula vs. Smt. Priti Saxena), under Section 494 IPC, Police Station
Kakadev, District Kanpur Nagar.

3. Learned counsel for the revisionist has submitted that the marriage of the revisionist
was solemnized with opposite party no. 2 on 19.42015, whereas the previous divorce
of the revisionist had already taken place on 28.08.2015, which had been informed to
opposite party no. 2 by the revisionist prior to the marriage. It is further submitted that
the information regarding the divorce was provided on the basis of a document on a
Rs. 10/- stamp paper. However, the revisionist has never presented or shown any
document of the divorce order passed by any competent court of law.

4. Learned counsel for opposite party no. 2 has contended that charges were framed in
this case on 12.12.2025. The revisionist has committed concealment regarding her
marriage with opposite party no. 2. She did not provide any copy of the divorce order
passed by the competent court of law to opposite party no. 2. She also concealed the
fact that she had herself filed First Appeal No. 717 of 2012 before this Hon'ble Court,
which was dismissed in default on 02.08.2019. It is pointed out that the revisionist had
obtained an amount of Rs. 7,000/- per month as maintenance from her first husband
until 2019.

5. Learned counsel further contended that First Appeal No. 717 of 2012 was never
withdrawn by the revisionist before this Hon'ble Court. It was dismissed in default due
to non-prosecution by the revisionist. Hence, it may be presumed to be pending in the
eyes of law, as it could be restored through an application for restoration.

6. Considering the submissions of the learned counsel for the parties and having
perused the record, the Court finds force in the contentions of learned counsel for
opposite party no. 2. The revisionist has never provided the copy of the judgment and
order of the divorce petition to opposite party no. 2. She did not inform opposite party
no. 2 about the fact that she had filed the aforementioned First Appeal. She also
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                                                                       2

                                    concealed this fact. Moreover, she never filed any application for withdrawal before
                                    this Hon'ble Court, and her first appeal was dismissed in default, not as withdrawn on
                                    her own application. There is no bona fide appearance on behalf of the revisionist.

                                    7. In view of all the aforesaid facts and circumstances, the revision is liable to be
                                    dismissed, and it is dismissed accordingly.

                                    March 16, 2026
                                    M. Tarik
                                                                                                    (Abdul Shahid,J.)




Digitally signed by :-
MOHD TARIK
High Court of Judicature at Allahabad