Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:139306 Court No. - 84 Case :- CRIMINAL REVISION DEFECTIVE No. - 579 of 2025 Revisionist :- Smt. Ranjan Singh Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ravi Sahu,Rohit Kumar Yadav Counsel for Opposite Party :- G.A.,Shri Niwash Yadav Hon'ble Subhash Chandra Sharma,J. Heard learned counsel for the revisionist as well as learned counsel for the opposite party alongwith learned A.G.A. for the State and perused the material on record. This criminal revision has been filed with prayer to allow this revision and to set aside the judgment and order dated 29.10.2024 passed by Additional Principal Judge, Family Court, Court No.1, Kanpur Nagar in Case No.1095 of 2019, under Section 125 Cr.P.C., Police Station Barra, District Kanpur Nagar and direct the Additional Principal Judge, Family Court, Court No.1, Kanpur Nagar to decide the application under Section 125 Cr.P.C. as afresh on merit in accordance with law. It is submitted by learned counsel for the revisionist that in this case due to absence of the revisionist case was dismissed in default by order dated 29.10.2024. Further submits that due to wrongful advise of the counsel present criminal revision was filed against that order though recall application was to be filed before the learned trial court, therefore, request to direct the learned trial court to entertain the recall application while setting aside the
order dated 29.10.2024.
Learned counsel for the opposite party opposed the prayer as aforesaid. Considering the facts and circumstances of the case, submissions made by learned counsel for both the parties as wells learned A.G.A, perusal of record and the order dated 29.10.2024, it appears that due to absence of the revisionist case was dismissed in default and on the basis of wrongful advise of the learned counsel present revision was filed, therefore, the revisionist is, hereby,
directed to approach the learned trial court and move an application for recall of the order dated 29.10.2024 within a period
of 30 days and the learned trial court will also recall the order by imposing reasonable cost and then proceed further in the Case No.1095 of 2019. Accordingly, this criminal revision is disposed of finally.
Order Date :- 14.8.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad