Court No. - 72
Case :- CRIMINAL REVISION No. - 792 of 2019 Revisionist :- Babunath Opposite Party :- State Of U.P. And Another Counsel for Revisionist :- Ranjeet Kumar Yadav Counsel for Opposite Party :- G.A.
Hon'ble Ajit Kumar,J.
By means of this application, the revision applicant has questioned the order dated 09.01.2019 of the maintenance passed by Principal Judge,Family Court, Moradabad in maintenance case no. 90 of 2018, old case no.423/9/2018 on the ground that the Court had proceeded ex parte vide order dated 29.11.2018, therefore the order impugned is ex parte judgment.
Per contra, learned Additional Government Advocate has contended that the applicant has alternative remedy to apply for recall of the said order by filing application under proviso to Section 126(2) of the Cr.P.C.
At this stage, learned counsel for the applicant submits that the he may be given an opportunity to move appropriate application.
In view of above, the applicant is directed to move appropriate application for recall of the ex parte judgment dated 09th January, 2019 passed by Principal Judge/Family Court, Moradabad and in the event any such application is filed within four weeks from today, the same shall be considered and appropriate order shall be passed thereupon within further period of six weeks on merits and shall not be rejected on the ground of delay, after giving fully opportunity of hearing to parties .
The application is accordingly disposed of with the aforesaid observations and directions.
Order Date :- 25.2.2019 Sanjeev