Neutral Citation No. - 2025:AHC:87746 Court No. - 79 Case :- CRIMINAL REVISION No. - 4893 of 2024 Revisionist :- Sohanpal @ Sonu Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Ajay Kumar Mishra 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 material on record. The present criminal revision has been filed with a prayer to allow the revision and set aside the impugned judgment and order dated 26.07.2024 passed by the learned court of Additional Family Judge, Family Court No. 1, Meerut, in Case No. 371 of 2023 (Sohanpal @ Sonu Vs. Smt. Alka), under Section 126(2) Cr.P.C., Police Station Medical, District Meerut, whereby the learned Family Court has rejected the recall/restoration application of the revisionist, recalling the ex-party order dated 13.09.2022 passed in Case No. 07 of 2022 (Smt. Alka Vs. Sohanpal @ Sonu), under Section 125 Cr.P.C. It is submitted by learned counsel for the revisionist that in this case an application under Section 125 Cr.P.C. was filed by the wife/opposite party no. 2 for her maintenance and minor child which was decided by the learned trial court ex-parte on 13.09.2022. He moved an application under Section 126(2) Cr.P.C. before the learned trial court which was registered as Miscellaneous Case No. 371 of 2023. In the mean time, a Criminal Revision No. 5185 of 2022 was also filed before this Court on the part of opposite parties for enhancement of the amount which was decided by this Court by order dated 01.03.2024 and amount was enhanced in favour of wife Rs. 4,000/- per month and in favour of minor children Rs. 3,000/- per month for each, total Rs. 10,000/- per month. He further submits that an application under Section 126(2) Cr.P.C. was decided by the learned trial court on 26.07.2024 holding that this Court has enhanced the amount of maintenance as aforesaid, therefore, his application under Section 126(2) Cr.P.C. along with an application under Section 5 Limitation Act was dismissed, therefore, request to set aside the order passed by the learned trial court dated 26.07.2024 on an application under Section 126(2) Cr.P.C. Learned A.G.A. for the State 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 by the learned trial court dated 26.07.2024 and the order passed by this Court in Criminal Revision No. 5185 of 2022 dated 01.03.2024, it appears that against an ex-parte order dated 13.09.2022 a Criminal Revision No. 5185 of 2022 was filed before this Court in which the revisionist was also given notice and he appeared before this Court and after giving full opportunity of hearing this Court enhanced the amount of maintenance by order dated 01.03.2024. He did not raise this issue before this Court at the time of hearing and let the order be passed on merit. He filed an application under Section 126(2) Cr.P.C. in the year 2023 after filing of Criminal Revision No. 5185 of 2022 before this Court. Learned trial court has rejected the application under Section 5 Limitation Act along with an application under Section 126(2) Cr.P.C. holding that this Court has already heard the revisionist in criminal revision on an enhancement of maintenance and order was passed on 01.03.2024 after giving full opportunity of hearing to the revisionist. In this way, the revisionist had an opportunity to raise this issue before this Court at the time of hearing in Criminal Revision No. 5185 of 2022 before passing the order on 01.03.2024 but it was not done by him and order was passed. Now, the application under Section 126(2) Cr.P.C. which was filed after filing of criminal revision before this Court has been dismissed by the learned trial court with the application under Section 5 Limitation Act which cannot be said to be erroneous or illegal in view that if this order is set aside it will be setting aside of order passed by this Court dated 01.03.2024 in indirect way. In my considered opinion there appears no any illegality or impropriety in the order passed by the learned trial court dated 26.07.2024 but this criminal revision being devoid of merit is liable to be dismissed. Accordingly, this criminal revision is, hereby, dismissed. Order Date :- 23.5.2025 Suraj Srivastav Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad