Prashant Verma vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

Prashant Verma vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

One-month stay of the recovery warrant; Family Court directed to hear and decide the revisionist's application under Section 145(2) BNSS for setting aside the ex-parte judgment and order expeditiously, preferably within a month, without adjournments save on exceptional grounds; opposite party no.2 permitted to withdraw the deposited Rs. 30,000/- by application to the court below.

Issue for consideration

Whether the criminal revision, confined to the recovery warrant issued against the revisionist pursuant to the ex-parte judgment and order of the Family Court, should be disposed of with directions to the Family Court to decide the pending Section 145(2) BNSS setting-aside application, with interim stay of the recovery warrant.

Court's answer

The criminal revision stands disposed of with the direction to the learned Family Court to hear and decide, expeditiously and preferably within a month, the application for setting aside the ex-parte judgment and order filed under Section 145(2) BNSS by the present revisionist.

Ratio / Principle

For a period of one month only, the recovery warrant issued against the revisionist shall remain stayed.

Key takeaways

During the said period, no adjournment shall be granted to the parties except on exceptional grounds.ratio¶18
The opposite party no.2 is at liberty to withdraw the deposited amount of Rs. 30,000/- by moving an application before the court below.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Lucknow Bench), Criminal Revision No. 485 of 2026, decided April 28, 2026 by Ram Manohar Narayan Mishra, J.: Revision, confined to the recovery warrant issued against the revisionist pursuant to an ex-parte judgment and order of the Family Court, stands disposed of. Directions: (i) Family Court to hear and decide, expeditiously and preferably within a month, the revisionist's application under Section 145(2) BNSS for setting aside the ex-parte judgment and order, without granting adjournments to the parties except on exceptional grounds; (ii) recovery warrant to remain stayed for one month only; (iii) opposite party no.2 at liberty to withdraw the Rs. 30,000/- (50% of the warrant amount) deposited by the revisionist in compliance of the order dated 23.02.2026. Parties, whose dispute is essentially matrimonial in nature, expressed willingness to mediate, though the revisionist was not ready to pay the mediation costs.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

CRIMINAL REVISION No. - 485 of 2026

Prashant Verma

.....Revisionist(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another .....Opposite Party(s)
Counsel for Revisionist(s) : Rakesh Kumar Nayak
Counsel for Opposite Party(s) : G.A.

Court No. - 27

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Counter affidavit has been filed today by learned counsel for the opposite party no.2 is taken on record.

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

The opposite party no.2 is present before this Court on her own.

Learned counsel for the revisionist informed that he has deposited Rs.30,000/- i.e. 50% of the amount covered in the recovery warrant, in compliance of the order dated 23.02.2026 before the court below.

The opposite party no.2 is at liberty to withdraw the said amount by moving an application before the court below.

Learned counsel for the parties and the opposite party no.2 are willing to get the matter resolved through mediation as the dispute between the parties is essentially of a matrimonial in nature and there is every possibility that the same may be resolved through the process of mediation. However, learned counsel for the revisionist is not ready to pay for the cost of mediation and the cost of appearance of opposite party no.2 to appear before the Mediation Center.

In view of the above, as the present criminal revision is confined to recovery warrant issued against the revisionist before the learned court below, an application under Section 145(2) BNSS for recall of the ex-parte order is still pending before the court below. The revision

CRLR No. 485 of 2026

2

stands disposed of with the direction to the learned Family Court to hear and decide the application for setting aside the ex-parte judgment and order filed under Section 145(2) BNSS by the present revisionist expeditiously and preferably within a month from today and for a month only, the recovery warrant shall remain stayed, without granting any adjournment to parties on exceptional grounds.

(Ram Manohar Narayan Mishra,J.)

April 28, 2026 Mohd. Sharif

Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench