Neutral Citation No. - 2025:AHC:127722 Court No. - 84 Case :- CRIMINAL REVISION No. - 4031 of 2025 Revisionist :- Shamim Rahmani @ Shanu Opposite Party :- State Of U.P. And 2 Others Counsel for Revisionist :- Himanshu Goswami,Pawan Giri 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. for the State and perused the record. The present criminal revision has been filed with prayer to allow the revision and set aside the ex-parte judgment and order dated 02.06.2025 passed by learned Additional Principal Judge, Family Court, Court, Room No. 3, Allahabad in Maintenance Case No. 292 of 2023 (Huma Khan and another Vs. Shamim Rahmani) under Section 125 Cr.P.C. (S.144 BNSS), Police Station Kareli, District Prayagraj. It is submitted by learned counsel for the revisionist that in this case, the opposite party no. 2 is wife and opposite party no. 3 is minor son of the revisionist. She filed an application under Section 125 Cr.P.C. which was decided ex-parte vide order dated 02.06.2025 fixing the amount of maintenance Rs. 7000/- per month in favour of wife and Rs. 7000/- per month in favour of minor child. Further submitted that no any opportunity of hearing was given to the revisionist while deciding the case, therefore, request to set aside the ex-parte order and allow the revision and to direct the learned court to decide the application u/s 125 Cr.P.C. after giving opportunity of hearing to the revisionist also. Learned A.G.A. opposed the prayer as aforesaid and contended that the revisionist appeared before the learned trial court but thereafter he became absent and the case was proceeded ex-parte and decided vide order dated 02.06.2025. Further contended that he has an option to move an application for recall of the aforesaid order before the learned trial court. On considering the facts and circumstances of the case, submissions of the revisionist as well as learned A.G.A., perusal of record and order dated 02.06.2025 passed by learned trial court, it transpires that the order dated 02.06.2025 has been passed ex- parte. Though the revisionist appeared before the learned trial court but became absent that was the reason case was decided ex- parte against him. Since he could not get opportunity of hearing before the learned trial court, therefore, it will be in the interest of justice to give an opportunity of hearing to the revisionist also and for his inadvertent behaviour cost may be imposed. In such a situation the revisionist is hereby directed to move recall application before the learned trial court within a period of 15 days from today and learned trial court will recall the order dated 02.06.2025 and pass the order afresh on merit on application u/s- 125 CrPC after giving opportunity of hearing to the revisionist also without granting any unnecessary adjournment to either of the parties. Accordingly, the present revision is disposed of, finally. Order Date :- 31.7.2025 Anurag Singh Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad