Neutral Citation No. - 2025:AHC:124942 Court No. - 84 Case :- CRIMINAL REVISION No. - 2359 of 2025 Revisionist :- Lallan Kumar Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Aarushi Khare,Abhijit Chatterji Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Heard Ms. Aarushi Khare, learned counsel for the revisionist as well as learned A.G.A. and perusal the material on record. This criminal revision has been filed by the revisionist with prayer to allow this revision and set aside the impugned judgment and order dated 02.04.2025 passed by the learned Additional Principal Judge, Family Court No. 2, Varanasi in Case No. 1139 of 2023 (Priyanka Patel Vs. Lallan Kumar), under Section 125 Cr.P.C., Police Station Cantt, District Varanasi. It is submitted by learned counsel for the revisionist that in this case, an application for interim maintenance was moved by the opposite party no. 2 which was decided by the learned trial court vide order dated 02.04.2025. Further submitted that the revisionist was not given any opportunity of hearing on the application for interim maintenance but order was passed in his absence on 02.04.2025 after hearing the opposite party no. 2 herself. The case was fixed on 20.03.2025 and on that day, the next date was fixed as 16.04.2025 which was noted by the learned counsel for the revisionist but later on after manipulation this date was changed and overwritten as 26.03.2025. This was the reason the revisionist did not appear on 26.03.2025 and order in question was passed without giving an opportunity of hearing. In this way, the order passed by the learned trial court dated 02.04.2025 cannot be said to be lawful and is liable to be set aside. Learned A.G.A. opposed the prayer as aforesaid but could not dispute the fact that the date fixed on the ordersheet was 16.4.2025 and it was overwritten as 26.03.2025. On 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 certified copy of order sheet, it appears that the case was fixed on 20.03.2025 and on that day, on the left margin date was again fixed for 16.04.2025 which was noted by the parties as signatures of learned counsel for both the parties are present there. Later on, the date 16.04.2025 was overwritten as 26.03.2025. On 26.03.2025 the revisionist was not present in the court and in his absence after hearing the opposite party no. 2, the order in question was passed on 02.04.2025. In this way, the revisionist was deprived of hearing by passing the order in question. This was the fault on the part of the court itself. In such a situation the revisionist is hereby directed to approach the learned trial court and move an application for recall of order dated 02.04.2025 within a period of 30 days from today and the learned trial court will recall the order dated 02.04.2025 and then pass the order afresh on the application for interim maintenance after giving an opportunity of hearing to both the parties without granting any unnecessary adjournment to either of the parties. Accordingly, the present revision is disposed of finally. Order Date :- 29.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad