HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 4590 of 2024 Court No. - 91 HON'BLE MADAN PAL SINGH, J. 1. Heard Sri Puneet Kumar, learned counsel for the revisionist, learned AGA and perused the material available on record. 2. This criminal revision has been filed by the revisionist with prayer to set aside the impugned judgment and order dated 06.06.2024 passed by Principal Judge, Family Court, Kairana, Shamli in Misc. Case No. 247 of 2023 (Akshay Kumar Vs. Smt. Ruchi), whereby the trial court has allowed the application filed by the opposite party no. 2 (husband) under Section 126 (2) Cr.P.C and recall the ex-parte order dated 09.06.2023. 3. Learned counsel for the revisionist submits that when order dated 09.06.2023 was passed by the trial court, the O.P. no. 2 was present before court and despite having knowledge of the same, the opposite party no. 2 has wrongly filed recall application for recalling the order dated 09.06.2023 and the trial court without considering aforesaid aspect of the matter, has wrongly allowed the application filed by the opposite party no.2 under Section 126 (2) Cr.P.C. 4. Learned AGA has opposed the submission made by learned counsel for the revisionist and submits that no prejudice would be caused to the revisionist as both the parties would have right to file their respective evidence oral as well as documentary before the trial court and matter shall be adjudicated upon the by the trial court finally on merits. 5. Considering the facts and circumstances of the case and arguments advanced by learned counsel for the revisionist and learned AGA, in the principles of natural justice, everyone should get a chance for affording opportunity of hearing to have his/her say in the instant matter. Since the Versus Counsel for Revisionist(s) : Prashant Ji Pandey, Puneet Kumar Counsel for Opposite Party(s) : G.A. Smt Ruchi Sharma And Another .....Revisionist(s) State of U.P. and Another .....Opposite Party(s) trial court has considered this principles in its order as well as no prejudice would be caused to the revisionist and the matter shall be decided finally on merits after due appreciation of evidence. 6. So far as the contention of learned counsel for the revisionist regarding payment of maintenance allowance to the revisionist is concerned, it shall be open for her to move an appropriate application before the trial court for award of interim maintenance allowance which shall be heard and decided keeping in view of its order dated 06.06.2024. 6. On the above premise, this Court finds that the impugned order does not suffer from any illegality or infirmity and calls for no interference by this Court. 7. However, the present writ petition is disposed of with a direction that in case, revisionist files an application for interim maintenance before the trial court, the same shall be considered and decided keeping in view of its order dated 06.06.2024 expeditiously in accordance with law. September 22, 2025 Akbar CRLR No. 4590 of 2024 2 (Madan Pal Singh,J.) Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad