Neutral Citation No. - 2025:AHC:77726 Court No. - 79 Case :- CRIMINAL REVISION No. - 2030 of 2025 Revisionist :- Prashant Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Shiv Sagar Singh 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. for the State and perused the record. The present criminal revision has been filed with prayer to stay the further proceedings of the Criminal Case No.1326/11/2022 pending before the Additional Principal Judge, Family Court, Court No.1, Muzaffarnagar (Shivani vs. Prashant Kumar). It is submitted by learned counsel for the revisionist that in this case an application u/s 145 B.N.S.S. for maintenance was moved and it was decided ex-parte by order dated 22.10.2024 against which recall application was moved which was entertained by the learned trial court and order dated 22.10.2024 was set aside and the case was restored to its original number. Further submits that in view of Section 317 BNSS, order once has been passed by the criminal court cannot be altered or reversed except correction of arithmetical or clerical error. The learned trial court has committed error in passing the order dated 10.04.2025 by setting aside the order dated 22.10.2024 on an application u/s 145 B.N.S.S. He further submits that the case laws those have been cited by the learned trial court are not squarely applicable to the facts of the present case, therefore, request to set aside the order and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that the learned trial court has relied its decision on judgments passed by this Court in the case of Smt. Kusum Devi vs. Ram Chadra Maurya and others 2004 (1) Crimes (HC) 153 and in the case of Shabihul Hasan Jafari vs. Zarina Fatma 2000 0 Supreme(All) 454 and committed no error in passing the order in question. Considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A., perusal of record, the order passed by the learned trial court dated 10.04.2025 and the observations made by this Court in the case of Smt. Kusum Devi vs. Ram Chadra Maurya and others 2004 (1) Crimes (HC) 153. In para no.10 of the aforesaid judgement, it has been observed by this Court as following :- "10. Since the proceedings under Section 125 Cr.P.C. cannot be equated with other proceedings of the Cr.P.C., therefore, it was open for the Judge Family Court to have considered her restoration application and the order should have been passed in accordance with law but this jurisdiction was not exercised by the Judge Family Court. Thus, jurisdictional error has been committed by the Judge Family Court in not entertaining and disposing of the application. Therefore, instant revision yields fruitful result and it deserves to be allowed." In view of the observations made by this Court the order passed by learned trial court dated 10.04.2025 cannot be said to be erroneous or illegal but this revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is dismissed. Order Date :- 13.5.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad