Neutral Citation No. - 2025:AHC:125155 Court No. - 84 Case :- CRIMINAL REVISION No. - 2500 of 2025 Revisionist :- Jamshed Khan Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Ambrish Chandra Pandey Counsel for Opposite Party :- G.A. Hon'ble Subhash Chandra Sharma,J. Supplementary affidavit filed by learned counsel for the revisionist today is taken on record. Heard learned counsel for the revisionist as well as learned A.G.A. for the State and perused the material on record. This criminal revision has been moved with prayer to set aside the judgment and order dated 11.03.2025 passed by Principal Judge, Family Court, Bhadohi, At Bhadohi in Case No.75/2017 (Rakhshinda Jabi vs. Jamshed Khan) under Section 125 Cr.P.C., Police Bhadohi, District Bhadohi and also prays to stay the effect and operation of the order dated 11.03.2025. It is submitted by learned counsel for the revisionist that in this case learned trial court has passed an ex-parte order dated 11.03.2025 and no any opportunity of hearing was given to the revisionist. He further submits that in his objection he has made allegation of adultery against the wife even though learned trial court has not recorded any finding in this regard while passing the order as aforesaid. Further submits that there is no son from the wedlock even though the learned trial court has mentioned in para- 14 of the judgment that opposite party no.2 has claimed Rs.20,000/- per month as maintenance for herself and the child though there is no any such prayer. In this way, the order passed by learned trial court is illegal and is liable to be set aside. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case an order has been passed ex-parte against which he has an option to move an application u/s 126(2) Cr.P.C. before the learned trial court. 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 dated 11.03.2025 passed by the learned trial court, it appears that the notices were served on the revisionist and he appeared before the learned trial court and filed his objection, thereafter, he became absent that was the reason the order was passed ex-parte after hearing the opposite party no.2/wife. The revisionist has an option u/s 126(2) Cr.P.C. to move an application for recall of ex-parte order before the learned trial court and the court is to consider for recall of order as provided u/s 126(2) Cr.P.C., therefore, the revisionist is directed to move an application before the learned trial court within a period of 30 days from today for recall of ex-parte order dated 11.03.2025 u/s 126(2) Cr.P.C. which shall be heard and decided by the learned court concerned in accordance with law after giving opportunity of hearing to both the parties without allowing unnecessary adjournment to either of the parties. Accordingly, this criminal revision is disposed of. Order Date :- 29.7.2025 Ashok Gupta Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad