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2022 Supreme(Online)(All) 16570

ALLAHABAD HIGH COURT
VIVEK KUMAR TYAGI – Appellant
Versus
State of U.P. AND 3 OTHERS – Respondent


Advocates:
['AWADHESH KUMAR MALVIYA', 'G A', '', 'AKHILESH KUMAR SINGH']

Court No. - 87

Case :- CRIMINAL REVISION No. - 1900 of 2022

Revisionist :- Vivek Kumar Tyagi

Opposite Party :- State Of U.P. And 3 Others

Counsel for Revisionist :- Awadhesh Kumar Malviya

Counsel for Opposite Party :- G.A.,Akhilesh Kumar Singh

Hon'ble Sameer Jain,J.

Heard Sri Awadhesh Kumar Malviya, learned counsel for the

revisionist and Sri Akhilesh Kumar Singh, learned counsel for

the opposite party no. 2 and Dr. S.D. Maurya, learned AGA for

the State-respondent.

The instant revision has been filed against the order dated

25.3.2022 passed by Principal Judge, Family Court, Saharanpur

only to the extent that it imposed the cost of Rs. 30,000/- upon

revisionist in the Crl. Case No. 1433 of 2021, under Section 126

(2) Cr.P.C.

Learned counsel for the revisionist submitted that revisionist is

the husband of opposite party no. 2 and on 22.9.2021 an exparte

order under Section 125 Cr.P.C. was passed against him and he

moved an application under Section 126 (2) Cr.P.C. for

recalling the order dated 22.9.2021 which was although allowed

by the court below on 25.3.2022 but with a cost of Rs. 30,000/-.

He next submitted that the cost imposed by the court below is

highly excessi

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