HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4459 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. The present criminal revision has been moved with prayer to allow the revision, set aside the judgment and order dated 17.07.2025 passed by Principle Judge, Family Court, Hamirpur in Complaint Case No.06 of 2023 (Smt. Shalu alias Komal vs. Kailash) u/s 125 Cr.P.C., Police Station Kotwali, District Hamipur. It is submitted by learned counsel for the revisionist that in this case order dated 17.07.2025 has been passed ex-parte against him in favour of the opposite party no.2/wife awarding maintenance Rs.4000/- per month from the date of application. Further submitted that revisionist continued to present before the learned trial court but on account of some difficulty he could not appear before the learned court concerned that was the reason case was proceeded ex-parte. It is also submitted that the order passed by the learned trial court is not lawful, therefore, request to set it aside 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 for recall of the order dated 17.07.2025 under Section 126(2) Cr.P.C. 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 learned trial court, it appears that the order Versus Counsel for Revisionist(s) : Chandra Shekhar Counsel for Opposite Party(s) : G.A. Kailash .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) dated 17.07.2025 has been passed ex-parte against the revisionist. In the interest of justice, he must also given an opportunity of hearing before passing the order against him and for his inadvertence reasonable cost may be imposed by the learned trial court. He has option to get the order recalled under Section 126(2) Cr.P.C.. However, the revisionist has not moved any such application before the learned trial court, therefore, it is expedient to direct the revisionist to file an application for recall of order u/s 126(2) Cr.P.C. before the learned trial court to set aside the order dated 17.07.2025 passed against him within a period of 30 days from today, that will be heard and decided by the learned trial court by giving an opportunity of hearing to both the parties. In the meantime, the revisionist will continue to pay Rs.4000/- per month to the opposite party no.2 as interim maintenance. Accordingly, this criminal revision is disposed of. September 8, 2025 Sanjeet CRLR No. 4459 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SANJEET KUMAR YADAV High Court of Judicature at Allahabad