Neutral Citation No. - 2025:AHC:110408 Court No. - 84 Case :- CRIMINAL REVISION No. - 6710 of 2024 Revisionist :- Vijendra Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Gaurav Gupta Counsel for Opposite Party :- G.A.,Suneel Kumar,Vrat Sheel Hon'ble Subhash Chandra Sharma,J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State. 2. It is submitted by learned counsel for the revisionist that in this case the opposite party no. 2 is wife of the revisionist and opposite party no. 3 is minor daughter. He further submits that the opposite party no. 2 is living apart from him without any sufficient reason and filed an application under Section 125 Cr.P.C. before the learned trial court, which was decided ex-parte by order dated 26.07.2023. He moved an application under Section 126(2) Cr.P.C. before the learned trial court to recall the ex-parte order but it was rejected by order dated 08.11.2024 illegally. Therefore, request to set aside the order dated 08.11.2024 and provide opportunity of hearing to him before passing the order on application under Section 125 Cr.P.C. 3. Learned counsel for the opposite party as well as learned A.G.A opposed the prayer of the aforesaid and contended that in this case, the revisionist for the purpose of lingering the proceedings under Section 125 Cr.P.C. did not appear before the learned trial court. That was the reason, case was proceeded ex-parte and order dated 26.07.2023 was passed. Learned trial court rejected the application on the aforesaid grounds. There is no illegality and impropriety in the order passed by the learned trial court. 4. On considering the facts and circumstances of the case, submissions made by the learned counsel for the parties as well as learned A.G.A, perusal of record and the order passed by the learned trial court dated 8.11.2024 on the application under section 126(2) Cr.P.C, it appears that the revisionist became absent on the date of hearing before the learned trial court, that was the reason case was proceeded ex-parte and order dated 26.07.2023 was passed. Application under Section 126(2) Cr.P.C. was also rejected by the learned trial court on the ground of his absence in the case under Section 125 Cr.P.C. 5. In considered opinion of this Court, it is in the interest of justice to the both the parties to give an opportunity of hearing to the revisionist also before passing the order on application under Section 125 Cr.P.C. and for his fault reasonable cost may be imposed. As a result, the order dated 08.11.2024 and 26.07.2023 are hereby set aside provided the revisionist makes payment of Rs. 75,000/- to the opposite party no. 2 as arrears of maintenance and will continue to pay Rs. 3000/- per month as interim maintenance to opposite party nos. 2 and 3 from the date of order. 6. With the aforesaid conditions, the revision is allowed. Order Date :- 10.7.2025 Aiman Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad Digitally signed by :- AIMAN FAROOQUI High Court of Judicature at Allahabad