Neutral Citation No. - 2025:AHC:69668 Court No. - 79 Case :- CRIMINAL REVISION No. - 2369 of 2024 Revisionist :- Madhur Khunger Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Mahendra Bahadur Singh,Shashank 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. and perused the material on record. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 21.02.2024 passed by the learned Additional Principal Judge, Family Court No. 1, Varanasi in Case No. 45 of 2021 (Madhur Khunger Vs. Meenal Srivastava), under Section 127(2) Cr.P.C., Police Station Chetganj, District Varanasi. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 filed an application u/s 125 Cr.P.C. against revisionist which was decided ex-parte vide order dated 18.07.2019 fixing the amount Rs. 12000/- per month as maintenance. For recall of ex-parte order dated 18.07.2019, an application u/s 126(2) Cr.P.C. was also filed by the revisionist which was rejected by the learned trial court vide order dated 02.07.2022. Again present application u/s 127(2) Cr.P.C. was filed before the learned trial court with prayer to set aside the ex-parte order passed on an application under Section 125 Cr.P.C. without giving an opportunity of hearing to the revisionist but the learned trial court did not consider the material on record but dismissed the said application vide order dated 21.02.2024 which cannot be said to be lawful, therefore, request to set aside the order passed by learned trial court and allow the revision. Learned A.G.A. opposed the prayer as aforesaid. 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 and the order passed by the learned trial court dated 21.02.2024 under Section 127(2) Cr.P.C. it appears that the application u/s 125 Cr.P.C. was filed by the wife against the revisionist which was decided ex-parte by fixing the amount of maintenance Rs. 12000/- per month from the date of application. Against which he filed an application u/s 126(2) Cr.P.C. before the learned trial court to set aside the ex-parte order but it was also rejected by the learned trial court vide order dated 2.7.2022. Again he filed an application u/s 127(2) Cr.P.C. for setting aside the order passed by learned trial court on an application u/s 125 Cr.P.C. on the ground of changed circumstances. The learned trial court while considering the material and submissions of the revisionist and opposite party, passed the order in question and found that there was no any alteration in the circumstances of the parties that was the reason present application u/s 127(2) Cr.P.C. was dismissed. Under Section 127(2) Cr.P.C. it is provided that where it appears to the Magistrate that in consequence of any decision of a competent Civil Court, any order made under section 125 Cr.P.C. should be cancelled or varied, he shall cancel the order or, as the case may be, vary the same accordingly but there is no any such order passed by the civil court. In this way, there appears no any illegality or impropriety in the order passed by learned trial court dated 21.02.2024, therefore, it does not warrant interference by this Court as a result this revision being devoid of merit, is liable to be dismissed. Accordingly, the present revision is dismissed at the admission stage. Order Date :- 2.5.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad