CRLR/57/2002 of VIKRAM SINGH CHAUHAN Vs STATE and ORS. on 1 January 1950

Criminal Revision No. 57 of 2002

Hon’ble Irshad Hussain, J.

Heard Sri Lokendra Dobbal learned counsel for the revisionist and the learned A.G.A.

This is a criminal revision u/s397 read with section 401 Cr.P.C. against the order dated 19.6.2002 passed by the Principal Judge, Family Court, Dehradun, whereby he awarded a sum of Rs.50,000/- towards the expenses for the treatment of the child. The order was passed in the pending proceedings u/s 125 Cr.P.C. From the perusal of the order, it is evident that no reasons have been assigned in the order and the order is non-speaking. A considerable amount of Rs.50,000/- has been awarded and to justify the same, there should have been valid reasons supported by medical evidence in regard to the illness of the child. Considering the order and the amount involved, it will be just and proper to have the order set aside so that the matter may be decided afresh by a speaking order after considering the evidence of the parties for which they shall be afforded opportunity by the learned Principal Judge, Family Court.

The revision is disposed of accordingly with the above observations.

(Irshad Hussain, J.)

July 29, 2002. M.P.S.