MAHENDRA SINGH Vs. STATE OF U P

JUDGEMENT

(1.) Mahendra Singh, the revisionist, filed this revision against the impugned order dated 25.08.2000 passed by Judge, Family Court, Varanasi in Case Crime No. 615/1995 (Smt. Urmila v. Mahendra Pratap) under Section 125, Cr.P.C. by which the learned Trial Court has rejected the application of the revisionist moved by him under Section 128, Cr.P.C. regarding amendment in the order of payment of the maintenance allowance to OP No. 2, i.e. Urmila Devi, wife of the revisionist and payment of maintenance allowance to minor child was stayed till final disposal of the revisionist's application.

(2.) At the time of hearing of this Revision, no one appeared on behalf of the revisionist as well as respondent No. 2, while the learned AGA remained present on behalf of State of UP. who is heard in the light of the grounds taken by the revisionist in the memo of this revision.

(3.) As per grounds contained in the memo of this revision, the impugned order is said to have been erroneous in the eyes of law as well as on the facts of the case because pending a revision in respect of the order of maintenance allowance is no bar to decide the application of the applicant under Section 128, Cr.P.C. and the application under Section 127, Cr.P.C. afresh.