HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 1864 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Darshan Gupta, Advocate holding brief of Sri Pragya Pandey, learned counsel for the revisionist, the learned A.G.A. for the State and Sri Babu Lal Ram, learned counsel for opposite party no.2 as well as learned AGA for the State. 2. This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the judgment and order dated 19.02.2024 passed by the Additional Principal Judge, Family Court, Kanpur Nagar in Maintenance Case No. 1247 of 2021 (Radha Tiwari and another vs. Vijay Tiwari) filed under Section 125 Cr.P.C. whereby the revisionist is directed to pay Rs.3000/- per month each to opposite party nos.1 and 2 from the date of filing of application. 3. On the matter being taken up, learned counsel for the opposite party no.2 and learned AGA have raised preliminary objection with regard to the maintainability of the present criminal revision by contending that the impugned judgment and order passed under Section 125 Cr.P.C.is an ex- parte judgment and revisionist without availing his statutory remedy provided under Section 126(2) Cr.P.C. for the recalling the said ex-parte judgment, has approached this revisional Court directly for setting aside the said judgment. They, therefore, submit that the present criminal revision is liable to be dismissed. 4. Learned counsel for the revisionist could not dispute the above submissions. However, he prays that some time may be granted by this Court to the revisionist to avail his statutory remedy under Section 126 (2) Cr.P.C. Versus Counsel for Revisionist(s) : Mehul Khare, Pragya Pandey Counsel for Opposite Party(s) : Babu Lal Ram, G.A. Vijay Tiwari .....Revisionist(s) State Of U.P. And 2 Others .....Opposite Party(s) 5. Under such circumstances, this criminal revision is dismissed on the ground of availability of statutory remedy. 6. However, it is provided that in case, the revisionist files an application 126 (2) Cr.P.C. for recall of the ex-parte judgment dated 19.02.2024 before the court below within two weeks from today along with certified copy of this order, the same shall be considered and decided in accordance with law on merits, without raising any objection with regard to delay, if any, by means of reasoned and speaking order after affording opportunity of hearing to the parties preferably within period of two months thereafter. September 25, 2025 C. MANI CRLR No. 1864 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad