Neutral Citation No. - 2025:AHC:139133 Court No. - 91 Case :- CRIMINAL REVISION No. - 1242 of 2024 Revisionist :- Rohit Raghav Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Kripa Shanker Yadav, Sanjay Kumar Dubey Counsel for Opposite Party :- Ajay Kumar Vashistha,G.A. Hon'ble Madan Pal Singh,J. 1. Heard Mr. Kripa Shanker Yadav, learned counsel for the revisionist, Mr. Ajay Kumar Vashistha, learned counsel for opposite party nos.2 to 4 and the learned A.G.A. for the State. 2. This criminal revision under Section 397/401 Cr.P.C. has been filed by the revisionist with a prayer to quash the judgment and order dated 22nd February, 2024 passed by the Principal Judge, Family Court, Kasganj in Criminal Case No. 781 of 2023 (Rohit Raghav Vs. Smt. Shalini) under Section 126 (2) Cr.P.C., Police Station Kasganj, District Kasganj. 3. Undisputed factual matrix of the case is that marriage of the revisionist was solemnized with opposite party no.2 on 19th June, 2017 in accordance with the Hindu Rites and Rituals. After some time of marriage, relationship between the revisionist and opposite party no.2 became strained and incompatible. Consequently, opposite party no.2 filed an application under Section 125 Cr.P.C., which was registered as Case No. 507 of 2021 (Smt. Shalini & Others Vs. Rohit Bhargava). The said case was allowed ex-parte by the Principal Judge, Family Court, Kasganj vide ex-parte judgment and order dated 30th August, 2022, whereby the revisionist was directed to pay Rs. 6,000/- per month to opposite party no.2, Rs. 1,500/- per month to opposite party no.3 and Rs. 1,000/- per month to opposite party no.4 towards maintenance allowance from the date of filing of the application under Section 125 Cr.P.C. i.e. 10th November, 2021. After being aware of the said ex-parte judgment, the revisionist filed an application under Section 126 (2) on 19th December, 2023 for recall of the ex-parte judgment and order dated 30th August, 2022, which was registered as Criminal Misc. Case No. 781 of 2023 (Rohit Raghav Vs. Smt. Shalini & Others) along with application under Section 5 of the Limitation Act. The application under Section 5 of the Limitation Act was allowed vide order dated 6th July, 2023 on the cost of Rs. 10,000/- and the application filed under Section 126 (2) i.e. recall application was fixed for hearing. Since the cost of Rs. 10,000/- imposed upon the revisionist vide order dated 6th July, 2023 had not been deposited, on 30th November, 2023, the court below has rejected the application filed by the revisionist under Section 126 (2). After that again the revisionist filed second application under Section 126 (2) for recall of the ex parte judgment and order dated 30th August, 2022 along with application under Section 5 of the Limitation Act. Vide order dated 22nd February, 2024 the court below has rejected the second application under Section 126 (2) Cr.P.C. and application under Section 5 of the Limitation Act. Hence the present criminal revision. 4. Under the order impugned, the Court below has recorded categorical finding that the application for maintenance under Section 125, Cr. P.C., dated 10th November, 2021 filed by opposite party no.2 for maintenance allowance was allowed ex-parte vide judgment and order dated 30th August, 2022 due to the absence of the revisionist. After that, the revisionist filed an application under Section-126 (2) Cr.P.C. on 13th January, 2023 for recall of the ex-parte judgment dated 30th August, 2022 along with an application under Section 5 of the Limitation Act. The application under Section 5 of the Limitation Act dated was allowed on a cost of Rs. 10,000/- by the court below vide order dated dated 6th July, 2023 and when the amount of cost was not deposited by the revisionist and he became absent, thereafter due to non-payment of cost and being absent, on 30th November, 2023, the application filed by the revisionist being Misc. Case no. 28 of 2023 under section 126 (2) Cr.P.C. was dismissed. The revisionist again filed an application under Section 126 (2) Cr.P.C. for recall of the ex-parte judgment and order dated 30th August, 2023 along with an application under Section 5 of the Limitation Act. However, at this time, the court below considering the fact that the revisionist has deliberately disobeyed the order of the Court below in not depositing the amount of cost and being absent from the proceedings as well as not paying any maintenance allowance as awarded under the ex-parte judgment, has rejected the second application under Section 126 (2) Cr.P.C. and the application under Section 5 of the Limitation Act vide impugned order dated 22nd February, 2024. 5. From the perusal of the records of the present criminal revision as well as the impugned order, this Court finds that the court below has not committed any error in passing the impugned order. The revisionist is habitual in avoiding the orders of the court below. He did not want to pay any amount to opposite party no.2 who is none other than his wife by lingering on the proceedings initiated by her. 6. Today again in the presence of learned counsel for opposite party no.2 and the learned A.G.A., this Court has made a proposal to the learned counsel for the revisionist that since the arrears of maintenance allowance has been increased to Rs. 3,80,000/- which was directed to be paid by the revisionist to opposite party no.2 under the ex-parte judgment dated 30th August, 2022, in case the revisionist is ready to deposit half of the arrears of maintenance allowance, this Court will set aside the ex-parte judgment and direct it to decide the application under Section 125 Cr.P.C. on merits, learned counsel for the revisionist did not agree to the said proposal. 7. Under such circumstances, this Court is of the considered opinion that a person like the revisionist who deliberately disobeys the order of the Court of laws is not entitle to any relief from this Court in exercise of powers under the revisional jurisdiction. 8. The present criminal revision is, accordingly, dismissed. 9. There shall be no order as to costs. (Madan Pal Singh, J.) Order Date :- 14.8.2025 Sushil/- Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad