HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 2972 of 2024 Court No. - 89 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Vijendra Kumar Mishra, learned counsel for the revisionist, as well as the learned A.G.A. for the State. 2. This criminal revision under Sections 397/401 Cr.P.C. has been preferred by the revisionist against the ex parte judgment and order dated 10.05.2024 passed by the learned Principal Judge, Family Court, Prayagraj, in Maintenance Case No. 972 of 2021 (Smt. Arti and Another vs. Shakti Bhaskar), under Section 125 Cr.P.C., whereby the learned Judge, while allowing the application under Section 125 Cr.P.C. filed by the opposite parties, directed the revisionist to pay Rs. 4,000/- per month as maintenance to opposite party no. 2 and Rs. 3,000/- per month to the minor son, opposite party no. 3, from the date of the application. The said amount is to be deposited by the 10th day of each English calendar month. 3. When the matter was taken up, learned counsel for opposite party no. 2 and the learned A.G.A. raised a preliminary objection regarding the maintainability of the present criminal revision. They contended that the impugned judgment and order passed under Section 125 Cr.P.C. is ex parte, and the revisionist, without availing the statutory remedy provided under Section 126(2) Cr.P.C. for recall of the ex parte judgment, has directly approached this revisional Court seeking to set aside the same. It is, therefore, submitted that the present criminal revision is not maintainable and is liable to be dismissed. Versus Counsel for Revisionist(s) : Vijendra Kumar Mishra Counsel for Opposite Party(s) : G.A. Shakti Bhaskar .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) 4.Learned counsel for the revisionist could not dispute the aforesaid legal position. However, he prayed that some time may be granted to the revisionist to avail the statutory remedy under Section 126(2) Cr.P.C. 5. In view of the above, this criminal revision is dismissed on the ground of availability of an alternative statutory remedy. 6. However, it is provided that in case the revisionist files an application under Section 126(2) Cr.P.C. for recall of the ex parte judgment and order dated 10.05.2024 before the court below within three weeks from today, along with a certified copy of this order, the same shall be considered and decided on merits, in accordance with law, without raising any objection regarding delay, if any. The court below shall pass a reasoned and speaking order after affording an opportunity of hearing to the parties, preferably within a period of two months thereafter. October 13, 2025 pks CRLR No. 2972 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad