CHANDRAHAS (CHANDRAPAL) v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
CRLRD/309/2025 · 2025-06-24
Subhash Chandra Sharma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 147181 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 147181 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:36146 Court No. - 11 Case :- CRIMINAL REVISION DEFECTIVE No. - 309 of 2025 Revisionist :- Chandrahas (Chandrapal) Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Revisionist :- Keshav Prasad,Akhilesh Kumar 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. Cause shown by the learned counsel for the revisionist in this criminal revision being sufficient and is hereby condoned. It is submitted by learned counsel for the revisionist that in this case, an ex-parte order was passed against him under Section 125 Cr.P.C. on 19.11.2019 against which he has already filed an application under Section 126(2) Cr.P.C. before the learned trial court that is still pending. In the meantime, the proceedings for realization of amount of arrears are going on in which recovery warrant has been issued by the learned trial court, therefore, request to set aside the order passed by the learned trial court and stay the effect of realization of amount of arrears. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, proper remedy is available to the revisionist under Section 126(2) Cr.P.C. regarding which an application is pending before the learned trial court, therefore, revisionist is to get proper remedy before the learned trial court in an application u/s 126(2) Cr.P.C. On 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 order passed by the learned trial court and fact that in this case, an order has been passed ex- parte against which an application u/s 126(2) is still pending before the learned trial court, therefore, it is expedient to direct the learned court concerned to decide the application under Section 126(2) Cr.P.C. within a period of sixty days from today without granting any unnecessary adjournment to either of the parties in accordance with law.
Accordingly, the present revision is disposed of at the admission stage itself.
Order Date :- 24.6.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad, Lucknow Bench