Held that an alternative remedy exists under Section 126(2) Cr.P.C. via a recall application. The court dismissed the criminal revision filed against the ex-parte maintenance order on the ground of non-exhaustion of such alternative remedy.
Present criminal revision dismissed on ground of alternative remedy.
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Neutral Citation No. - 2023:AHC:192751
Court No. - 79
Case :- CRIMINAL REVISION No. - 4243 of 2023 Revisionist :- Prem Chandra Opposite Party :- State of U.P. and Another Counsel for Revisionist :- Vipin Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Vipin Chandra Dixit,J.
Heard Sri Vipin Kumar Yadav, learned counsel for the revisionist, learned A.G.A. for the State and perused the record.
This criminal revision has been filed by the revisionist against the ex-parte judgment and order dated 09.05.2023, passed by Principal Judge, Family Court, Etawah, in Case No. 395 of 2020 (Sadhana Devi vs. Prem Chandra), under Section 125 Cr.P.C. by which the application filed by opposite party no. 2 under Section 125 Cr.P.C. was allowed ex-parte and the revisionist was directed to pay Rs. 5,000/- per month as maintenance to opposite party no. 2.
The order passed by learned family court under Section 125 Cr.P.C. is ex-parte and the revisionist has alternative remedy under Section 126(2) Cr.P.C. to file recall application recalling the exparty order.
Since, alternative remedy is available to the revisionist, the present criminal revision is dismissed on the ground of alternative remedy.
Interim order, if any, stands discharged.
Order Date :- 6.10.2023 sailesh
Digitally signed by :- SAILESH PRAJAPATI High Court of Judicature at Allahabad
2 issues framed by the court
Whether a criminal revision against an ex-parte maintenance order should be entertained when an alternative remedy under Section 126(2) Cr.P.C. is available.
What is the appropriate disposal of the present criminal revision bearing in mind the existence of the alternative remedy.
2 provisions across 1 enactments
State of U.P.
Another
Vipin Chandra Dixit
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
