Prem Chandra vs State Of U.P. And Another
2023 Latest Caselaw 27527 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:192751
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 4243 of 2023
 
Revisionist :- Prem Chandra
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Vipin Kumar Yadav
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard Sri Vipin Kumar Yadav, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

This criminal revision has been filed by the revisionist against the ex-parte judgment and order dated 09.05.2023, passed by Principal Judge, Family Court, Etawah, in Case No. 395 of 2020 (Sadhana Devi vs. Prem Chandra), under Section 125 Cr.P.C. by which the application filed by opposite party no. 2 under Section 125 Cr.P.C. was allowed ex-parte and the revisionist was directed to pay Rs. 5,000/- per month as maintenance to opposite party no. 2.

The order passed by learned family court under Section 125 Cr.P.C. is ex-parte and the revisionist has alternative remedy under Section 126(2) Cr.P.C. to file recall application recalling the ex-party order.

Since, alternative remedy is available to the revisionist, the present criminal revision is dismissed on the ground of alternative remedy.

Interim order, if any, stands discharged.

Order Date :- 6.10.2023

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