Allahabad High Court
Smt. Savita Devi Yadav vs Sess. Judge Jaunpur & Others on 3 August, 2010
Author: S.C. Agarwal
Bench: S.C. Agarwal
Court No. - 50 Case :- CRIMINAL MISC. WRIT PETITION No. - 14001 of 2010 Petitioner :- Smt. Savita Devi Yadav Respondent :- Sess. Judge Jaunpur & Others Petitioner Counsel :- Jitendra Kumar Yadav Hon'ble S.C. Agarwal,J.
Heard learned counsel for the petitioner. This writ petition has been filed with a prayer to quash order dated 19.1.2010 passed by the A.C.J.M. Ist, Jaunpur in Case no. 320 of 2008, Savita Devi Vs. Kamal Kumar and order dated 1.2.2010 passed by learned Sessions Judge, Jaunpur in Criminal Revision No. 83 of 2010, Kamal Kumar Vs. State of U.P. (Annexure Nos. 2 and 3 to the writ petition.) The grievance of the petitioner is that the Magistrate has granted maintenance allowance with effect from the date of order and not from the date of application. The other grievance is that the Sessions Judge while admitting the revision, has stayed recovery of 50% of the maintenance allowance.
The petitioner has not filed any revision against the order passed by the Magistrate. The revision filed by the opposite party no. 3 is still pending before the Sessions Judge. Thus, the writ petition is not maintainable and is accordingly dismissed. However, the learned Sessions Judge is directed to dispose of the revision filed by respondent no. 3 within a period of three months from the date on which a certified copy of this order is produced before him.
Order Date :- 3.8.2010 KU