Pankaj Upreti vs State Of Uttarakhand And Others

N.S. Dhanik, J

This criminal revision has been preferred by the revisionist to set-aside the impugned judgment and order dated 14.02.2020 passed by learned Judge, Family Court, Kotdwar, Pauri Garhwal in Criminal Misc. Case No. 65 of 2018, "Smt. Meena Upreti vs. Pankaj Upreti".

Despite sufficient service, none turned up on behalf of respondent nos. 2 & 3.

Learned counsel for the revisionist limits his prayer only to the extent that the matter may kindly be remanded back to the lower Court with a direction that the Court below may considered the ground of desertion as raised by the revisionist in para 18 of his objections before the Court below and a fresh opportunity of being heard should be given to the revisionist as well as to the respondent nos. 2 & 3.

Learned State Counsel does not seriously object to the prayer made on behalf of the revisionist.

Considering the submissions advanced by the learned counsel for the parties, the present criminal revision is disposed of with the following directions:-

(i) The matter is remanded back to the learned Court below to decide the aforesaid case as expeditiously as possible in accordance with law.

(ii) The lower Court may also consider the ground of desertion as raised by the revisionist in his objections.

(iii) Fresh opportunity of being heard shall be given by the lower Court to the revisionist as well as to respondent nos. 2 & 3 herein after due notice.

(iv) The revisionist and respondent nos. 2 & 3 are directed to appear before the Court below on 26.11.2020.

Let a copy of this judgment be sent to the Court concerned for compliance.