Ram Rekha vs State Of U.P. And Another
2023 Latest Caselaw 27113 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:190829
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 3565 of 2023
 

 
Revisionist :- Ram Rekha
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Arvind Kumar,Sugendra Kumar Yadav
 
Counsel for Opposite Party :- G.A.,Dheeraj Kumar Singh
 

 
Hon'ble Vipin Chandra Dixit,J.

1. Heard Sri Sugendra Kumar Yadav, learned counsel for the revisionist, learned A.G.A. for the State and Sri Dheeraj Kumar Singh, learned counsel appearing on behalf of opposite party no.2.

2. This criminal revision has been filed by the revisionist against the ex-parte judgment and order dated 13.12.2022 passed by Additional Principal Judge, Family Court, Court No.3, Deoria in Maintenance Case No. 46 of 2020, by which the application under Section 125 Cr.P.C. filed by opposite party no.2 was allowed ex-parte directing the revisionist to pay Rs. 5000/- per month as maintenance to opposite party no.2 who is wife of the revisionist.

3. Learned counsel appearing on behalf of opposite party no.2 has raised preliminary objection regarding maintainability of revision. It is submitted by learned counsel for the opposite party no.2 that the present criminal revision has been preferred against ex-parte order passed under Section 125 Cr.P.C. and the revisionist has an alternative remedy to file recall application under Section 126(2) Cr.P.C. for recalling of ex-parte order.

4. Learned counsel appearing on behalf of revisionist does not dispute the aforesaid legal position.

5. In view of above, this criminal revision is dismissed on the ground of alternative remedy.

Order Date :- 4.10.2023

Imtiyaz