Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:48820 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10991 of 2025 Applicant :- Arun Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Santosh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
2. This application u/s 528 B.N.S.S. has been preferred against the
order dated 30.11.2022 passed by learned Additional Principal Judge, Family Court No. 3, Agra in Misc. Case No. 1479 of 2021 (Smt. Anita & Another Vs. Arun), under Section 125 Cr.P.C., Police Station - Malpura, District- Agra, pending in the court of Additional Principal Judge, Family Court No. 3, Agra.
3. Perusal of the record shows that the opposite party nos. 2 and 3 have filed the aforesaid case under Section 125 Cr.P.C., which has been decided by ex-parte judgment dated 30.11.2022. It is a final
order. The applicant has remedy for recalling of said ex-parte
judgment by resorting to provision of Section 126(2) Cr.P.C. or to file criminal revision against the said judgment.
4. Thus, it is apparent that this application under Section 528 B.N.S.S. against the said judgment dated 30.11.2022 is not maintainable.
5. Accordingly, this application under Section - 528 B.N.S.S. is dismissed as not maintainable.
6. However, the applicant would be at liberty to file criminal
revision or to resort remedy available under law.
7. The certified copies available on record may be returned back to
learned counsel for applicant after retaining photocopy of same on record.
Order Date :- 5.4.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad