Manoj Pratap Singh Pal vs State Of U.P. And Another
2023 Latest Caselaw 28146 ALL

Citation : 2023 Latest Caselaw 28146 ALL
Judgement Date : 11 October, 2023

Allahabad High Court

Manoj Pratap Singh Pal vs State Of U.P. And Another on 11 October, 2023

Bench: Vipin Chandra Dixit





HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2023:AHC:195764
 
Court No. - 79
 

 
Case :- CRIMINAL REVISION No. - 5277 of 2023
 
Revisionist :- Manoj Pratap Singh Pal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Revisionist :- Deepak Kumar Srivastava
 
Counsel for Opposite Party :- G.A.,Amit Tiwari
 

 
Hon'ble Vipin Chandra Dixit,J.

Heard learned counsel for the parties and perused the record.

This criminal revision has been filed by the revisionist against the ex-parte judgment and order dated 18.11.2020, passed by Principal Judge, Family Court, Kanpur Nagar, in Case No. 270 of 2019, 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. 20,000/- per month as maintenance to opposite party no. 2.

Learned counsel appearing on behalf of opposite party no. 2 submits that the present criminal revision is not maintainable as it has been filed against the ex-parte judgment and order dated 18.11.2020, passed under Section 125 Cr.P.C. It is further submitted that the revisionist has an alternative remedy under Section 126(2) Cr.P.C. to file recall application. It is further submitted that the revisionist has already moved an application under Section 126(2) Cr.P.C. for recalling the ex-parte judgment and order dated 18.11.2020, which was allowed by learned family court, vide order dated 09.09.2021 and the ex-parted order dated 18.11.2020 was recalled subject to condition that revisionist shall deposit 40% of arrears.

Learned counsel for the revisionist has not disputed the aforesaid legal position.

In view of above, since, the ex-parte order has already been recalled by the learned family court with certain conditions, the present revision is not maintainable and is liable to be dismissed.

The criminal revision is accordingly, dismissed as not maintainable.

Interim order, if any, stands discharged.

Order Date :- 11.10.2023

sailesh