HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4088 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Manoj Kumar Dubey, learned counsel for the revisionist and learned AGA for the State. 2. This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the ex-parte judgment and order dated 30.01.2024 passed by the Principal Judge, Family Court, Shamli at Kairana in Case No. 351 of 2022 (Smt. Reena Vs. Deepak Kumar) filed under Section 125 Cr.P.C., Police Station- Adarsh Mandi, Shamli, District- Shamli. 3. On the matter being taken up, learned AGA have raised preliminary objection with regard to the maintainability of the present criminal revision by contending that the impugned judgment and order passed under Section 125 Cr.P.C.is an ex-parte judgment and revisionist without availing his statutory remedy provided under Section 126(2) Cr.P.C. for the recalling the said ex-parte judgment has approached this revisional Court directly for setting aside the said judgment. He, therefore, submits that the present criminal revisionist is liable to be dismissed. 4. Learned counsel for the revisionist could not dispute the above submissions. However, he prays that some time may be granted by this Court to the revisionist to avail his statutory remedy under Section 126 (2) Cr.P.C. 6. Under such circumstances, it is provided that in case, the revisionist files an application 126 (2) Cr.P.C. for recall of the ex-parte judgment dated Versus Counsel for Revisionist(s) : Manoj Kumar Dubey Counsel for Opposite Party(s) : G.A. Deepak Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) 30.01.2024 before the court below within two weeks from today along with certified copy of this order, the same shall be considered and decided in accordance with law on merits, without raising any objection with regard to delay, if any, by means of reasoned and speaking order after affording opportunity of hearing to the parties preferably within period of two months thereafter. 5. This criminal revision is disposed of subject to the direction made above. October 6, 2025 Akbar CRLR No. 4088 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad