Raj Kumar Tripathi vs State Of U.P. Thru. Prin. Secy. Deptt. ...
2024 Latest Caselaw 17139 ALL

Allahabad High Court

Raj Kumar Tripathi vs State Of U.P. Thru. Prin. Secy. Deptt. ... on 14 May, 2024

Author: Karunesh Singh Pawar

Bench: Karunesh Singh Pawar

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


?Neutral Citation No. - 2024:AHC-LKO:37049
 
Court No. - 15
 
Case :- CRIMINAL REVISION No. - 520 of 2024
 
Revisionist :- Raj Kumar Tripathi
 
Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Home Lko. And 2 Others
 
Counsel for Revisionist :- Rama Kant Giri,Lavlesh Giri
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Karunesh Singh Pawar,J.
 

Heard learned counsel for the revisionist as well as learned AGA for the State.

Notices to respondent no. 2 are dispensed with in view of the proposed order.

The present revision has been filed against the judgment and order dated 13.02.2024 passed by the Addl. Principal Judge, Court No. 8, Family Court, District Lucknow in criminal case No. 347/2018 "Soni Tripathi and another Vs. Raj Kumar Tripathi" whereby the application filed by respondent no. 2 under Section 125 Cr.P.C. has been allowed ex-parte and awarded Rs.10,000/- per month as maintenance to opposite party no. 2 and Rs. 5000/- per month as maintenance to opposite party no. 3.

Learned counsel for the revisionist submits that no opportunity of hearing has been given to him and the period for filing recall application for setting aside the ex-parte order has also lapsed and therefore, the revisionist has preferred this revision.

Perused the record.

The submission of learned counsel for the revisionist is misconceived. There is an express provision in the statute for setting aside the ex-parte order. He can move appropriate application for reviewing the ex-parte order under section 125 Cr.P.C. and in case time for filing such application has expired, he can file it along with an application for condonation of delay.

In view of the above, the revision is dismissed. It is provided that in case, such application for reviewing the exparte order the is filed, the same shall be decided expeditiously by the learned court below on merits.

Order Date :- 14.5.2024

R.C.