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2026 DAILYLAW 9511 (UTT)

ASHU KUMAR AGARWAL v. MEENU TRIPATHI

CRLR/395/2026 · 2026-08-07

Alok Mahra

body2026

Judgment text

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SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS UKHC010089192026 CRLR/395/2026 Ashu Kumar Agarwal --Revisionist Versus Meenu Tripathi and Another --Respondents Hon’ble Alok Mahra, J. Mr. Abhishek Verma, Advocate for the revisionist. 2. Mr. Shariq Khurshid, Advocate for the respondents. 3. This criminal revision has been filed by the revisionist against the judgment and order dated 09.11.2022 passed by the Family Court, whereby, application filed by the respondent- wife has been decided ex-parte. 4. Learned counsel for the revisionist submits that no application to recall the said order has been filed under Section 126(2) Cr.P.C. He has sought permission to withdraw the present criminal revision with liberty to approach the learned Family Court concerned for filing the recall application under Section 126(2) Cr.P.C. It is further prayed that revisionist may be granted two weeks’ time to file the same. 5. Permission is granted. 6. The present criminal revision is dismissed as withdrawn with liberty as above. 7. Learned counsel for the revisionist further submitted that recovery warrants have been issued against the revisionist pursuant to the order dated 20.01.2026 passed by the court of learned Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar and has prayed that the operation of the recovery warrant be stayed till the time the revisionist prefers an application for recall of the ex-parte order. 8. Considering the submission of learned counsel for the revisionist, this Court thinks it proper, in the interest of justice, and directs that if the revisionist files a recall application within a period of two weeks from today, the same shall be decided as expeditiously as possible and till the time, the recall application is filed by the revisionist, the execution of the impugned recovery warrant pursuant to the order dated 20.01.2026 passed by the court of learned Additional Principal Judge, Family Court, Kashipur, District Udham Singh Nagar shall not be given effect to. (Alok Mahra J.) 07.08.2026 Ujjwal