Neutral Citation No. - 2025:AHC:134123 Court No. - 84 Case :- CRIMINAL REVISION No. - 6613 of 2024 Revisionist :- Sumit Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Nishi Sengar Counsel for Opposite Party :- G.A.,Ravi Prakash Singh Connected with Case :- CRIMINAL REVISION No. - 336 of 2025 Revisionist :- Sumit Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Nishi Sengar Counsel for Opposite Party :- G.A.,Ravi Prakash Singh Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the revisionist as well as learned A.G.A. and perused the material on record. 2. Present Criminal Revision has been filed against the ex-parte order dated 31.01.2024 passed by Additional Principal Judge, Family Court, Aligarh under Section 125 Cr. P.C. in Criminal Misc. Case No. 1057 of 2022 (Smt. Shipra and another Versus Sumit Kumar), Police Station Chandaus, District Aligarh, by which maintenance has been awarded in favour of the opposite party no.2 as Rs. 5000/- per month and Rs. 3000/- per month in favour of her daughter from the date of application i.e. 12.07.2022. 3.Criminal Revision No. 6613 of 2024 has been filed against the order of recovery notice dated 25.07.2024 for the amount Rs.2,56,000/- in Case No. 128 under Section 147 B.N.S., Police Station Chandaus, District Aligarh. 4. Since both the criminal revisions are related to the same matter, therefore, both are being decided together by common judgment and order. 5. It is submitted by the learned counsel for the revisionist that in this case no notice was served which was sent by the registered post, but learned trial court assuming the service on the revisionist and proceeded exparte and passed order dated 31.01.2024 without giving him an opportunity of hearing. He further submitted that tracking record, which was relied by the learned trial court is related to District Aligarh from where item delivery has been confirmed, though revisionist lives in District Hapur, therefore, service from Aligarh cannot be said to be possible and sufficient, therefore, request to set aside the order passed ex-party dated 31.01.2024 and allow the revision. He also submitted that in an application under Section 128 Cr. P.C. for recovery of the amount of arrears, revisionist was brought before the Court in pursuance to recovery warrant on 14.10.2024 and released by the trial court after depositing Rs. 25,000/- out of amount of arrears. Now, he is ready to make 50% payment i.e. Rs. 1,12,000/- as arrears of maintenance and requested to set aside the order dated 31.01.2024 and to decide it on merit after giving an opportunity of hearing to the parties concerned. 6. Learned counsel for the opposite party no. 2 has no objection in this regard. 7. On considering the facts and circumstances, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the orders passed by the learned trial Court dated 31.01.2024 ex-parte and order dated 25.07.2024 passed on an application under Section 128 Cr. P.C. for recovery of amount of arrears, it appears that order dated 31.01.2024 was passed ex- parte assuming service on revisionist by registered post, though item delivery confirmed, is shown from District Aligarh Head Office, whereas the revisionist lives in District Hapur, therefore, it is just and proper to set aside the order dated 31.01.2024 passed ex-parte and to direct the learned trial court to decide the case on merit after giving an opportunity of hearing to both the parties. 8. 8. Consequently, orders dated 31.01.2024 and 25.07.2024 are hereby set aside on condition the revisionist makes deposit of 50% of arrears of maintenance i.e. Rs. 1,12,000/- within a period of 45 days, thereafter, he will make payment Rs. 6000/- per month as interim maintenance to the wife and children till disposal of the application under Section 125 Cr. P.C. Learned Trial Court is also directed to decide the application under Section 125 Cr. P.C. on merits by giving an opportunity of hearing to both the parties without granting any unnecessary adjournment to either of the parties. The amount so received by the wife-revisionist shall be adjusted in the final amount as will be determined by learned trial Court. 9. Accordingly, both the criminal revisions are allowed. Order Date :- 7.8.2025 T.S. Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad