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2025 DAILYLAW 58569 (ALL)

AMAN MISHRA v. STATE OF U.P. AND ANOTHER

CRLR/2469/2025 · 2025-07-09

Sandeep Chaudhary Joint Registrar Judicial

body2025

Judgment text

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Court No. - 90 Case :- CRIMINAL REVISION No. - 2469 of 2025 Revisionist :- Aman Mishra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Chandra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Anil Kumar-X,J. 1. Heard Sri Chandra Narayan Mishra, learned counsel for the revisionist, Sri Udai Bhan Mishra, learned counsel for opposite party no.2 and Sri Vijay Kumar Mishra, learned AGA for the State and perused the record. 2. This criminal revision has been field to quash the ex-parte judgment and order dated 07.03.2025, passed by Additional Principal Judge, Family Court- III, Gorakhpur in Criminal Misc. Case No.638 of 2023 (Pratima Pandey Vs. Aman Mishra), under section 125 Cr.P.C., Police Station Shahpur, District Gorakhpur. 3. It is pertinent to mention that revisionist has an appropriate remedy under section 126 Cr.P.C., wherein he may file an application for setting aside the aforesaid ex-party order passed against him. If he is able to satisfy the concerned court that his absence during the proceedings was due to sufficient cause, the concerned court may itself set-aside the impugned order. As an appropriate remedy for seeking the redressal is available under section 126 Cr.P.C., therefore, this revision is not maintainable. 4. He may file an application before the concerned court by showing the cause for his absence during the proceeding and thereafter the court may after considering the grounds raised by the revisionist, if satisfied, may set-aside the impugned order dated 07.03.2025. 5. Therefore, liberty is granted to the revisionist to approach the concerned court by filing a petition under section 126 Cr.P.C., for setting-aside the impugned order dated 07.03.2025. 6. Accordingly, the instant revision is disposed of. Order Date :- 10.7.2025 VKG Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad