Neutral Citation No. - 2025:AHC:85479 Court No. - 79 Case :- CRIMINAL REVISION No. - 5150 of 2024 Revisionist :- Sarvesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and set aside the impugned order dated 23.08.2024 passed by learned Additional Principal Judge, Family Court, Shahjahanpur in Criminal Case No.341 of 2016 (Smt. Neelam vs. Sarvesh Kumar) under Section 125 Cr.P.C., Police Station Jalalabad, District Shahjahanpur and also prays to stay the effect and operation of the aforesaid order. It is submitted by learned counsel for the revisionist that in this case opposite party no.2 is wife and opposite party no.3 is minor son of the revisionist. He further submitted that marriage was performed in the year 2010 but in the year 2016 there was dispute between the parties that was the reason the opposite party no.2 left her matrimonial home with the minor son and went to live in her maika. The revisionist is an advocate and practices in District Court, Farrukhabad. She filed an application u/s 125 Cr.P.C. in the Family Court, Shahjahanpur which was decided ex-parte by the learned trial court by order dated 23.08.2024 fixing the amount of maintenance Rs.5000/- per month in favour of wife and Rs.3000/- per month in favour of minor son from the date of application to the date of order and from the date of order Rs.6000/- per month in favour of wife and Rs.4000/- per month in favour of minor son. Further submitted that no any notice was received by him from the court that is why he could not appear before the learned court that was the reason the case was proceeded ex-parte. When he came to know about the ex-parte order he moved an application u/s 126(2) Cr.P.C. before the learned trial court and the ex-parte order was set aside but he could not file his written statement due to some unavoidable circumstances and again case was proceeded ex-parte by order dated 07.08.2024 and after taking evidence of opposite party no.2 present order was passed on 23.08.2024, therefore, request to set it aside and give an opportunity of hearing to the revisionist and then to pass the order on merits. Learned A.G.A. opposed the prayer as aforesaid and contended that in view of Section 126(2) Cr.P.C. the revisionist has an option to move an application for setting aside the order passed ex-parte before the learned trial court, therefore, he can avail the remedy as provided under Section 126(2) Cr.P.C. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the order dated 23.08.2024 passed by learned trial court and the provisions as contained under Section 126(2) Cr.P.C., it is in the interest of justice to provide an opportunity of hearing to the revisionist also and in this regard he is to move an application u/s 126(2) Cr.P.C. before the learned trial court within 15 days from today which shall be heard and decided by it within a period of 60 days thereafter, in accordance with law. Accordingly, this criminal revision is disposed of at the admission stage itself. Order Date :- 21.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad