HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4880 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. 1. Heard learned counsel for the revisionist and learned A.G.A. for the State. 2. Present criminal revision has been filed with the prayer to set aside the ex- parte judgment and order dated 28.11.2023 passed by Additional Principal Judge, Family Court, Moradabad in Criminal Misc. Case No. 269 of 2023 (Smt. Janntul Nisha and another Versus Mohd. Amir) under Section 125 Cr. P.C., Police Station Pakwada, District Moradabad. 3. It is submitted by the learned counsel for the revisionist that in this case, an ex-parti order dated 28.11.2023 was passed by the learned trial court without giving any opportunity of hearing to the revisionist, therefore, request to set aside the order dated 28.11.2023 and to decide the case after giving him an opportunity to lead evidence. 4. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist knowingly did not appear before the learned trial court even after service of notice that was the reason, ex-parti order had been passed and he has an option to move an application under Section 126 (2) Cr. P.C. before the learned trial court for recall of the order that will be decided by the learned trial court. 5. 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, it appears that an ex-parte order dated 28.11.2023 has been passed by the learned trial court without giving an opportunity of hearing to the Versus Counsel for Revisionist(s) : Jai Shanker Malviya Counsel for Opposite Party(s) : Ajai Kumar, G.A. Mohd Amir .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) revisionist on the ground of assumption of service of notice. 6. 6. Under section 126(2) Cr.P.C., it is provided that if the Magistrate is satisfied that the person against whom an order for payment of maintenance is proposed to be made is wilfully avoiding service, or wilfully neglecting to attend the Court, the Court may proceed to hear and determine the case ex- parte and any order so made may be set aside for good cause shown on an application made within three months from the date thereof subject to such terms including terms as to payment of costs to the opposite party as the Court may think just and proper. 7. However, the revisionist has not moved any such application before the learned trial court, therefore, it is expedient to direct the revisionist to file an application u/s 126 (2) Cr.P.C. before the learned trial court to recall/set aside the ex-parte order dated 28.11.2023 passed against him within a period of 30 days from today, that will be heard and decided by the learned trial court after giving an opportunity of hearing to both the parties, in accordance with law. 8. Accordingly, this criminal revision is disposed of at the admission stage itself. September 17, 2025 T.S. CRLR No. 4880 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- TRIBHUWAN SINGH High Court of Judicature at Allahabad