Birendra Kumar Vs State of U.P. and 3 Others

Neutral Citation No. - 2023:AHC:193310

Court No. - 79

Case :- CRIMINAL REVISION No. - 3623 of 2023

Revisionist :- Birendra Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Revisionist :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Vipin Chandra Dixit,J.

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Heard learned counsel for the revisionist, learned A.G.A. for the State and perused the record.

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This criminal revision has been filed against the order dated 29.10.2021 passed by learned Principal Judge, Family Court, Kaushambi in Case No.- 454 of 2019 by which the application filed by opposite party no.2 under Section 125 Cr.P.C. was allowed ex-parte and revisionist was directed to pay Rs. 3,000/- per month to opposite party no.2, who is wife of revisionist and Rs. 5,00/- per month each to opposite party nos. 3 and 4, who are minor sons of revisionist.

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The revisionist has an alternative remedy under Section 126(2) Cr.P.C. for recalling of ex-parte order passed on application under Section 125 Cr.P.C. and as such the present criminal revision is not maintainable.

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Since the revisionist has alternativee remedy under Section 126(2) Cr.P.C., the present criminal revision is disposed of with liberty to the revisionist to move application under Section 126(2) Cr.P.c. before the learned trial court for recalling of ex-parte order.

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Order Date :- 6.10.2023 Virendra

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Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad

Birendra Kumar v. State of U.P. and 3 Others

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Birendra Kumar v. State of U.P. and 3 Others

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