ANURAG v. STATE OF U.P. THRU. ADDL. CHIEF SECY. DEPTT. OF HOME LKO AND ANOTHER
CRLR/362/2025 · 2025-04-03
Alok Mathur
body2025
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[ 2025 DAILYLAW 131088 (ALL) · dailylaw.ai ]
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[ 2025 DAILYLAW 131088 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:18610 Court No. - 12 Case :- CRIMINAL REVISION No. - 362 of 2025 Revisionist :- Anurag Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Deptt. Of Home Lko And Another Counsel for Revisionist :- Gulam Mustafa Counsel for Opposite Party :- G.A. Hon'ble Alok Mathur,J.
1. Heard Sri Gulam Mustafa, learned counsel for revisionist as well as learned A.G.A. for the State.
2. In light of the proposed order, notices to respondent No. 2 is dispensed with.
3. By means of present revision under Section 19(4) of Family Court's Act, 1984, the revisionist has challenged the order dated 01.02.2025 passed by Additional Principal Judge, Court No. 1, Family Court, Unnao by which the Family Court has awarded the maintenance of Rs. 10,000/- per month in favour of respondent No. 2.
4. It has been submitted by learned counsel for revisionist that the revisionist is a Soldier in Indian Army and was not served notice by the trial court leading to passing of the ex-parte impugned order dated 01.02.2025.
5. Learned A.G.A. on the other hand has submitted that petitioner has an equally efficacious remedy for moving appropriate application under Section 126(2) of Cr.P.C. to demonstrate before the trial court that he was not served with the notice and his non-appearance before the trial court was not deliberate and accordingly he can make a prayer for setting aside the order impugned in the present case.
6. Learned counsel for revisionist does not dispute the
arguments raised by learned A.G.A. and submits that he is ready and willing to mvoe appropriate application under Section 126(2) of Cr.P.C.. He further submits that in case such an application is made, the trial court may be directed to decide the same with expedition.
7. In light of the above, without entering into controversy, liberty is granted to the revisionist to move appropriate
application under Section 126(2) of Cr.P.C. within next two weeks and in case such an application is moved, the trial court shall proceed to consider and decide the same with expedition without granting any unnecessary adjournments.
8. With the above observations / directions, present criminal revision stands disposed of. (Alok Mathur, J.)
Order Date :- 3.4.2025 Ravi/ Digitally signed by :- RAVI SHANKAR SRIVASTAV High Court of Judicature at Allahabad, Lucknow Bench