Neutral Citation No. - 2025:AHC:48527 Court No. - 79 Case :- CRIMINAL REVISION No. - 1540 of 2025 Revisionist :- Devendra Maurya Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Pradeep Saxena 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. and perused the material on record. This criminal revision has been filed with a prayer to allow this revision and set aside the impugned ex-parte judgment and order dated 19.02.2025 passed by learned Principal Judge, Family Court, Kasganj in Criminal Misc Case No. 583 of 2023 (CNR No. UPKR02-001090-2023) (Smt. Pinki Vs. Devendra Maurya) under Section 125 Cr.P.C., Police Station Soroa, District Kasganj and reject the application filed by the opposite party no. 2 for maintenance, and furthermore pray to stay the further proceedings in the aforesaid case. It is submitted by learned counsel for the revisionist that the learned trial court has passed the order without giving an opportunity to him for hearing. No notices were received by him from the court even though service was deemed to be sufficient and order was passed which cannot be said to be legal and appropriate, therefore, request to set aside the order and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. On considering submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed by the learned trial court, it appears that the learned court issued notice to the revisionist but he did not appear before the learned court, as a result on 14.08.2024 case was ordered to be proceeded ex-parte as is visible in Para 3 of the order in question. Since, this order was passed ex-parte regarding which remedy under Section 126 Cr.P.C. is already available to the revisionist, therefore, it is expedient for the revisionist to move an application under Section 126 (2) Proviso to set aside the order passed ex- parte on such terms as to payment of costs as the court may think just and proper and to proceed in the case if good cause is shown for his absence. Accordingly, this criminal revision is disposed of finally with a direction to the revisionist to file an application under Section 126 Cr.P.C. before the learned court concerned within a period of 30 days from today which shall be heard and decided by the learned court in accordance with law. Order Date :- 5.4.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad