HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 3274 of 2025 Court No. - 84 HON'BLE SUBHASH CHANDRA SHARMA, J. 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 filed with a prayer to allow the present revision and set aside the judgment and order passed by the learned Additional Principal Judge, Family Court, Kanpur Nagar in Case No. 51 of 2024, (Rashi Sengar Vs. Rahul Kumar Singh) ex-parte order dated 02.04.2025 and further prays to stay the operation of aforesaid order during the pendency of this revision. It is submitted by learned counsel for the revisionist that in this case an ex- parte order under Section 125 Cr.P.C. for maintenance was passed on 02.04.2025 without giving an opportunity of hearing to the revisionist, therefore, request to set aside the order passed by the learned trial court dated 02.04.2025 and allow the revision. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist may have an option to move an application under Section 126(2) Cr.P.C. before the learned trial court who will pass appropriate order. On considering the facts and circumstances, submissions made by learned counsel for the revisionists as well as learned A.G.A., perusal of record and the ex-parte order dated 02.04.2025, it appears that this order has been passed ex-parte against the revisionist on the ground that service of notice was assumed to be sufficient even though the revisionist did not appear before the learned court. It shows that no opportunity of hearing was Versus Counsel for Revisionist(s) : Raj Nath Pandey Counsel for Opposite Party(s) : G.A. Rahul Kumar Singh .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) available to the revisionist and the order was passed ex-parte. In this regard, the revisionist has remedy available under Section 126(2) Cr.P.C. He is to move an application before the proper court within a period of 30 days which shall be entertained by the learned trial court and appropriate order will be passed after giving an opportunity of hearing to both the parties without allowing any unnecessary adjournment to either of the parties. Accordingly, this revision is disposed of finally. September 11, 2025 Suraj Srivastav CRLR No. 3274 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad