Dismissal Of Revision Petition By High Court Only On Ground Of Absence Of Revisionist Cannot Be Sustained: Supreme Court
The Supreme Court has set aside an order passed by the Allahabad High Court which dismissed a criminal revision petition only on the ground of the non-appearance of the revisionist.
The Court restored the criminal revision filed by the petitioner and directed for its reconsideration by the High Court in accordance with the law.
A Bench comprising Justice Dinesh Maheshwari and Justice Hrishikesh Roy said that the order impugned cannot be sustained for two major reasons, "First, in the absence of the revisionist, the High Court proceeded to dismiss the Revision Petition without even adopting any other course including taking assistance of Amicus Curiae for projection of all the relevant factors of the matter."
"Secondly, it is difficult to find from the order impugned if the High Court has dealt with any of the relevant factors related to the merits of the case because after mere reproduction of the order under challenge, the High Court stated its conclusion to approve the same. The dismissal of the Revision Petition in this manner is difficult to be approved", the Supreme Court observed.
The revision was filed in the year 2011 before the Allahabad High Court against the order passed by the Principal Judge, Family Court, Lucknow in a proceedings under Section 125 Cr.P.C., wherein the petitioner was directed by the Family Court to pay maintenance to his wife @Rs. 25,000/month.
"None appears for the revisionist. The revision is filed against the order dated 22.1.2011 passed by Addl. Principal Judge Family Court….. under Section 125 Cr.P.C.. There appears to be no illegality or error in the order impugned. The revision lacks merit and is accordingly dismissed", said the High Court in its dismissal order dated 29 Mar 2022.
Further, the High Court had also rejected the petitioner's application seeking restoration of criminal revision to its original number and recall of the order passed on March 29, 2022. "Simply because the counsel had not appeared, the decision rendered by this Court after perusing the record cannot be rendered otiose and the order cannot be recalled", was recorded by the Allahabad High Court.
"The parties through their respective counsel shall stand at notice to appear before the High Court in the restored Criminal Revision No.82 of 2011 on 17.01.2023", ordered the Supreme Court while quashing the order passed by the High Court.
Cause Title- Kaleemullah v. Mehroz Jafri