Dismissed¶¶17

Rajendra Singh @ Babu v. State of Up and Another

Allahabad HC3 Jan 2025CRLR/216/2024

Case brief

AI extract

What is this about?

criminal revision dismissed; maintainability; availability of statutory remedy; Section 397/401 Cr.P.C.; Section 125 Cr.P.C. maintenance; ex-parte judgment recall; Section 126(2) Cr.P.C.; Maintenance Case No. 173 of 2018; Amisha Singh Vs. Rajendra Singh @ Babu; Family Court Deoria; Additional Principal Judge; Allahabad High Court; Madan Pal Singh, J.; CRLR No. 216 of 2024; decided September 10, 2025

What did the court decide?

No substantive relief; the revision was dismissed, but the Court provided that a recall application under Section 126(2) Cr.P.C. filed within two weeks with a certified copy of the order shall be considered and decided on merits, without any objection to delay, by reasoned and speaking order after hearing, preferably within two months. ¶¶17

Rajendra Singh @ Babu vs State of Up and Another — Maintenance and Alimony | Allahabad HC (2025)

What the court decided

AI extract

Outcome

¶¶17

Issue for consideration

Whether the criminal revision is maintainable where the revisionist has approached the revisional Court directly, without first availing the statutory remedy under Section 126(2) Cr.P.C. of applying for recall of the ex-parte judgment passed under Section 125 Cr.P.C.

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Court's answer

The criminal revision is dismissed on the ground of availability of the statutory remedy: the revisionist ought first to apply under Section 126(2) Cr.P.C. for recall of the ex-parte judgment dated 5.10.2023 rather than approach the revisional Court directly.

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Ratio / Principle

Consequential direction: if the revisionist files an application under Section 126(2) Cr.P.C. for recall of the ex-parte judgment dated 5.10.2023 before the court below within two weeks, along with a certified copy of this order, it shall be considered and decided on merits in accordance with law, without raising any objection with regard to delay, by a reasoned and speaking order after affording opportunity of hearing to the parties, preferably within two months thereafter.

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Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Hon'ble Madan Pal Singh, J.), Criminal Revision No. 216 of 2024, decided September 10, 2025: A criminal revision under Sections 397/401 Cr.P.C. challenging the ex-parte judgment and order dated 5.10.2023 passed by the Additional Principal Judge, Family Court, Deoria in Maintenance Case No. 173 of 2018 (Amisha Singh Vs. Rajendra Singh @ Babu), instituted under Section 125 Cr.P.C., Police Station Kotwali, District Deoria, was dismissed on the ground of availability of statutory remedy. Counsel for opposite party no.2 and the learned AGA objected that the revisionist had approached the revisional Court directly without first invoking Section 126(2) Cr.P.C. to seek recall of the ex-parte judgment; revisionist's counsel did not dispute this and sought time to avail that remedy. Dismissing the revision, the Court directed that if an application under Section 126(2) Cr.P.C. for recall is filed before the court below within two weeks along with a certified copy of the order, it shall be considered and decided on merits, without any objection to delay, by a reasoned and speaking order after affording opportunity of hearing, preferably within two months thereafter.

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

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CRIMINAL REVISION No. - 216 of 2024

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Rajendra Singh @ Babu

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.....Revisionist(s)

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Versus

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State of U.P. and Another

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.....Opposite Party(s)

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Counsel for Revisionist(s)	: D.M.Tripathi, Nagendra Pratap Singh
Counsel for Opposite Party(s)	: Brijesh Kumar Mishra, G.A.

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Court No. - 91

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HON'BLE MADAN PAL SINGH, J.

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Heard Sri Nagendra Pratap Singh, learned counsel for the revisionist, the learned A.G.A. for the State and Sri Brijesh Kumar Mishra, learned counsel for opposite party no.2 as well as learned AGA for the State.

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This criminal revision under Section 397/401 Cr.P.C. has been preferred by the revisionist against the ex-parte judgment and order dated 5.10.2023 passed by the Additional Principal Judge, Family Court, Deoria in Maintenance Case No. 173 of 2018 (Amisha Singh Vs. Rajendra Singh @ Babu) filed under Section 125 Cr.P.C., Police Station- Kotwali, District Deoria.

¶13

On the matter being taken up, learned counsel for the opposite party no.2 and learned AGA have raised preliminary objection with regard to the maintainability of the present criminal revision by contending that the impugned judgment and order passed under Section 125 Cr.P.C.is an exparte judgment and revisionist without availing his statutory remedy provided under Section 126(2) Cr.P.C. for the recalling the said ex-parte judgment, has approached this revisional Court directly for setting aside the said judgment. They, therefore, submit that the present criminal revision is liable to be dismissed.

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Learned counsel for the revisionist could not dispute the above submissions. However, he prays that some time may be granted by this Court to the revisionist to avail his statutory remedy under Section 126 (2) Cr.P.C.

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CRLR No. 216 of 2024

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¶17

Under such circumstances, this criminal revision is dismissed on the ground of availability of statutory remedy.

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However, it is provided that in case, the revisionist files an application 126 (2) Cr.P.C. for recall of the ex-parte judgment dated 5.10.2023 before the court below within two weeks from today along with certified copy of this order, the same shall be considered and decided in accordance with law on merits, without raising any objection with regard to delay, if any, by means of reasoned and speaking order after affording opportunity of hearing to the parties preferably within period of two months thereafter.

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September 10, 2025 Akbar

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(Madan Pal Singh,J.)

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Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad

Rajendra Singh @ Babu v. State of Up and Another

Case brief

What is this about?

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Rajendra Singh @ Babu v. State of Up and Another

Case brief

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