SACHIN CHAURASIYAversusSTATE OF U.P. AND 2 OTHERS

              HIGH COURT OF JUDICATURE AT ALLAHABAD

                    CRIMINAL REVISION No. - 5432 of 2026

Sachin Chaurasiya
                                                                      .....Revisionist(s)
                                        Versus
State Of U.P. And 2 Others
                                                                   .....Opposite Party(s)

Counsel for Revisionist(s)                         :    Devesh Kumar Shukla
Counsel for Opposite Party(s)                      :    G.A.

Court No. - 86
                     HON'BLE PRAVEEN KUMAR GIRI, J.

1. Heard Sri Devesh Kumar Shukla, learned counsel for the revisionist and learned
A.G.A. for the State.

2. Learned counsel for the revisionist submits that the present criminal revision has
been filed seeking the reliefs as mentioned in the prayer clause. The prayer clause is
delineated below:-

      "It is, therefore, most respectfully prayed that this Hon'ble Court may
      graciously be pleased to allow the instant revision and set aside the
      impugned judgment and order dated 18.08.2026, passed by the learned
      Principal Judge, Family Court, Prayagraj in Maintenance Case No.744 of
      2024 (Astha Chaurasiya Vs. Sachin Chaurasiya) under Section 144 of the
      B.N.S.S. 2023 Police Station Kydeganj, District Prayagraj, whereby the
      learned Principal Judge, Family Court, Prayagraj has allowed the
      application bearing Paper No.24KA filed by the Opposite Party no.2 in
      Maintenance Case No.744 of 2024 (Astha Chaurasiya Vs. Sachin
      Chaurasiya) and directed to revisionist to pay interim maintenance of
      Rs.7,000/-(Rupees Seven Thousand only) per month to Opposite Party
      no.2 and Rs.3 ,000/- (Rupees Three Thousand only) per month to
      Opposite Party no.3, during the pendency of the case, with effect from
      12.01.2026, i.e., from the date of the application for maintenance.

            It is further prayed that this Hon'ble Court may graciously be pleased
      to stay the effect and operation of the impugned judgment and order dated
      18.08.2026, passed by the learned Principal Judge, Family Court,
      Prayagraj in Maintenance Case No.744 of 2024 (Astha Chaurasiya Vs.
      Sachin Chaurasiya) under Section 144 of the B.N.S.S. 2023 Police Station
      Kydeganj, District Prayagraj, whereby the learned Principal Judge,
      Family Court, Prayagraj has allowed the application bearing Paper
      No.24KA filed by the Opposite Party no.2 in Maintenance Case No.744
                                                                CRLR No. 5432 of 2026
                                   2

     of 2024 (Astha Chaurasiya Vs. Sachin Chaurasiya) and directed to
     revisionist to pay interim maintenance of Rs.7,000/- (Rupees Seven
     Thousand only) per month to Opposite Party no.2 and Rs.3,000/- (Rupees
     Three Thousand only) per month to Opposite Party no.3, during the
     pendency of the case, with effect from 12.01.2026, i.e., from the date of
     the application for maintenance, during the pendency of the instant
     Criminal Revision before this Hon'ble Court, otherwise the
     revisionist/revisionist shall suffer irreparable loss and injury. And/or may
     pass such other and further order which this Hon'ble Court may deem fit
     and proper in the facts and circumstances of the case."

3. Learned counsel for the revisionist, upon instructions, submits that the
revisionist is ready and willing to comply with the impugned order by
paying the interim maintenance and does not wish to press the present
revision on merits. He, however, prays that the impugned order dated be
modified to the limited extent that the interim maintenance be made
payable from the date of the order instead of from the date of the
application. It is further prayed that the concerned Family Court be
directed to decide the proceedings under Section 125 Cr.P.C./Section 144
of the BNSS expeditiously, preferably within a period of six months from
the date of production of a certified copy of this order.

4. Considering the aforesaid submission and without entering into the
merits of the controversy, the impugned order is modified only to the
extent that the revisionist shall pay the interim maintenance to opposite
party from the date of the impugned order, i.e.,18.08.2026, instead of
from the date of the application.

5. The concerned Family Court is directed to decide the proceedings
under Section 125 Cr.P.C./Section 144 of BNSS expeditiously, preferably
within a period of six months from the date of production of a certified
copy of this order, after affording adequate opportunity of hearing to the
parties and without granting unnecessary adjournments.

6. It is made clear that while deciding the proceedings finally, the Family
Court shall decide the claim for maintenance independently, in
accordance with law and on the basis of the evidence on record, without
being influenced by any observation made in this order. It shall also be at
liberty to determine the date from which maintenance shall be payable, in
accordance with law and keeping in view the principles laid down by the
Hon'ble Supreme Court in Rajnesh v. Neha and others, (2021) 2 SCC
324.
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                                                                 3

                                    7. With the aforesaid observations and directions, the criminal revision
                                    stands disposed of.

                                    September 11, 2026
                                    SFH

                                                                                   (Praveen Kumar Giri,J.)




Digitally signed by :-
SYED FAHIM HUSAIN
High Court of Judicature at Allahabad