Dismissed¶10

Nitin Nagar v. State of U.P. and Another

Allahabad HC23 May 2025CRLR/5553/2025

Case brief

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What is this about?

Nitin Nagar v. State of U.P. and Another, Criminal Revision No. 5553 of 2025, High Court of Judicature at Allahabad, decided December 16, 2025 by Harvir Singh, J. Keywords: maintainability of criminal revision; ex-parte Family Court order dated 28.07.2023 (Additional Principal Judge, Family Court, Gautam Buddh Nagar); alternative efficacious remedy under Section 126(2) Cr.P.C.; dismissal with liberty to file application under Section 126(2) Cr.P.C. before trial Court. Counsel: Virendra Singh Yadav for revisionist; G.A. for Opposite Party(s).

What did the court decide?

Liberty to the revisionist to move an application under Section 126(2) Cr.P.C. before the trial Court. ¶10

Nitin Nagar vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL REVISION No. - 5553 of 2025

Nitin Nagar

.....Revisionist(s)

Versus

State of U.P. and Another	.....Opposite Party(s)
Counsel for Revisionist(s)	: Virendra Singh Yadav
Counsel for Opposite Party(s)	: G.A.
Court No.- 90

¶6

HON'BLE HARVIR SINGH, J.

¶7

Heard learned counsel for the revisionist, learned counsel for the opposite party no. 2 and perused the record.

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The instant revision has been filed against the order dated 28.07.2023 passed by the learned Additional Principal Judge, Family Court, Gautam Buddh Nagar, wherein the revisionist was not heard and an ex-parte order was passed against the revisionist.

¶9

Since an efficacious remedy is available under Section 126(2) of the Code of Criminal Procedure to assail an ex-parte order, this revision is not maintainable and is hereby dismissed with liberty to the revisionist to move an application under Section 126(2) Cr.P.C. before the trial Court.

¶10

With the aforesaid liberty the revision is dismissed .

¶11

December 16, 2025 Vikram

¶12

(Harvir Singh,J.)

¶13

Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad

Nitin Nagar v. State of U.P. and Another

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Nitin Nagar v. State of U.P. and Another

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