HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4552 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 impugned ex-parte order dated 18.08.2022 passed by the learned Principal Judge, Family Court, Amroha in Criminal Misc. Case No. 181 of 2020 (Smt. Chandni Vs. Viresh) under Section 125 Cr.P.C., Police Station Adampur, District Amroha as well as order dated 22.05.2025 passed by the learned Principal Judge, Family Court, Amroha in disposal of application 3kha bearing Misc. Case No. 862 of 2022 (Viresh Kumar Vs. Smt. Chandni) under Section 126(2) Cr.P.C. and further prays to stay the operation of aforesaid orders 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. was passed against him on which for recall of ex-parte order dated 18.08.2022 he moved an application under Section 126(2) Cr.P.C. before the learned trial court which was decided by order dated 24.01.2025 allowing the application on condition that the revisionist will deposit Rs. 40,000/- as interim maintenance in favour of wife through bank draft or in her bank account and case was fixed for 06.02.2025 but the revisionist could not deposit the said amount. On 22.05.2025 the learned trial court rejected the application Paper No. 3Kha on account of failure to make deposit of Rs. 40,000/-, therefore, request to set aside the order passed by the learned trial court dated 22.05.2025 and allow the revision. Versus Counsel for Revisionist(s) : Ravindra Singh Counsel for Opposite Party(s) : G.A. Viresh Kumar .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) Learned A.G.A. opposed the prayer as aforesaid. On considering the facts and circumstances of the case, submissions made by learned counsel for the revisionist as well as learned A.G.A. and perusal of record, the order passed ex-parte by the learned trial court dated 18.08.2022, order dated 24.01.2025 and order dated 22.05.2025, it appears that the application under Section 126(2) Cr.P.C. was allowed by the learned trial court on 24.01.2025 directing the revisionist to make deposit of Rs. 40,000/- as interim maintenance in favour of wife. Since ex-parte order was passed on 18.08.2022 and case was fixed for 06.02.2025 but the revisionist neither deposited the amount Rs. 40,000 as directed by the learned court nor appeared before the learned court to participate in the proceedings of the case. Case was further fixed for several dates on 19.03.2025, 21.04.2025, 30.04.2025 and 22.05.2025 but he continuously remained absent and did not appear before the learned court, as a result order dated 22.05.2025 was passed by the learned court on account of default of the revisionist. In such situation of case, it is expedient to direct the revisionist to approach before the learned trial court and move an application in this regard within a period of 30 days stating his ground of failure to make deposit of the aforesaid amount on which the learned court will pass appropriate order. Accordingly, this revision is disposed of finally. September 24, 2025 Suraj Srivastav CRLR No. 4552 of 2025 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad