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Allahabad High Court

SHAMBHU @ SHAMBHUNATH SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The delay of 85 days was condoned, but the revision was disposed without setting aside the order, with a direction to the Family Court to decide the pending Section 125 matter within six months.

Summary

The revisionist filed a criminal revision challenging an interim maintenance order dated 18.08.2025 passed by the Principal Judge of the Family Court, Ghazipur, under Section 125 of the Criminal Procedure Code. The revision was filed 85 days late, and a delay condonation application was made. The High Court found the cause for delay sufficient and condoned the delay, allowing the application. However, the Court did not set aside the impugned order; instead, it directed the Family Court to conclude the pending Section 125 proceedings within six months. The criminal revision was consequently disposed without granting any relief to the revisionist.

Issues considered

  • Whether a delay of 85 days in filing a criminal revision can be condoned.
  • Whether the High Court can set aside the interim maintenance order under Section 125 Cr.P.C. in the present revision.

Legislation cited

Subjects

  • criminal revision
  • delay condonation
  • Section 125 CrPC
  • maintenance order
  • family court
  • interim order
  • stay of order
  • disposal

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD
            CRIMINAL REVISION DEFECTIVE No. - 398 of 2026

Shambhu @ Shambhunath Singh
                                                                 .....Revisionist(s)
                                      Versus

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

Counsel for Revisionist(s)    : Sanjoo Yadav, Shivajee Srivastava,
                                Shrikant Singh Yadav
Counsel for Opposite Party(s) : G.A.

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

Order on Criminal Misc. Delay Condonation Application No. 01 of
2026

1. Heard Sri Shivajee Srivastava, 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 along with the delay condonation application as
there is delay of 85 days in filing this criminal revision.

3. Cause shown for the delay is sufficient.

4. Accordingly, the delay is condoned. This application is allowed.

Order on Criminal Revision

1. Learned counsel for the revisionist submits that the present criminal
revision has been filed against the order of interim maintenance with the
relief which has been mentioned in the prayer clause. The prayer clause is
being delineated below :-

     "It is, therefore, most respectfully prayed that this Hon'ble Court may
     kindly be pleased to allow the present criminal revision and set-aside the
     impugned order dated 18.08.2025 passed by Principal Judge, Family
     Court, Ghazipur in Criminal Misc. Case No.221 of 2024 (Samauti Vs.
     Shambhunath) Under Section 125 Cr.P.C. Police Station-Shadiyabad,
                                                                                                   CRLRD No. 398 of 2026
                                                                       2


                                          District-Ghazipur.

                                          It is further prayed that this Hon'ble Court may kindly be pleased to stay
                                          the effect and operation of the impugned the order dated 18.08.2025
                                          passed by Principal Judge, Family Court, Ghazipur in Criminal Misc.
                                          Case No.221 of 2024 (Samauti Vs. Shambhunath) Under Section 125
                                          Cr.P.C. Police Station-Shadiyabad, District-Ghazipur, during the
                                          pendency of this criminal revision before this Hon'ble Court, and/or pass
                                          such other or further order which this Hon'ble Court may deem fit and
                                          proper under the circumstances of the case."

                                    2. Learned counsel for the revisionist further submits that he does not
                                    want to press this revision and prays that the Principal Judge, Family
                                    Court, Ghazipur be directed to decide the pending application under
                                    Section 125 Cr.P.C., preferably within a period of six months.

                                    3. The alternative prayer of the revisionist is allowed. The learned
                                    Principal Judge, Family Court, Ghazipur, is directed to conclude the
                                    proceedings of 125 Cr.P.C. finally as early as possible, preferably within
                                    six months from today.

                                    4. With the above direction, this criminal revision is disposed of.

                                    5. It is made clear that this Court has not granted any relief to the
                                    revisionist at this stage.



                                                                                            (Praveen Kumar Giri,J.)
                                    April 20, 2026
                                    DKS




Digitally signed by :-
DEEPAK KUMAR SRIVASTWA
High Court of Judicature at Allahabad


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