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Allahabad High Court

AKASHversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The revision is disposed of due to the revisionist’s non‑appearance, and the Family Court’s order stands.

Summary

Akash filed a criminal revision under Section 125 of the Criminal Procedure Code challenging a Family Court order dated 4 May 2024 that dismissed his maintenance application, noting the matter was scheduled for final judgment on 18 May 2024. The High Court scheduled the case for a fresh hearing on 18 March 2026, warning that non‑appearance would lead to a decision based on the record. On the hearing date, neither Akash nor his counsel appeared, while the State’s Additional Government Advocate was present. The Court, observing the absence of the revisionist, disposed of the revision as per the available record without altering the Family Court’s order. Consequently, the revision was dismissed and the original dismissal of the maintenance application stands.

Issues considered

  • Whether a revision under Section 125 Cr.P.C. can be entertained when the revisionist fails to appear at the scheduled hearing

Legislation cited

Subjects

  • Maintenance
  • Section 125 CrPC
  • Revision
  • Family Court
  • Procedural default
  • Non‑appearance

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
             CRIMINAL REVISION No. - 2570 of 2024



Akash
                                                    .....Revisionist(s)
                               Versus

State Of U.P. And 2 Others
                                                       .....Opposite
                                                             Party(s)

Counsel for Revisionist(s)           :   Yashwant Pratap Singh
Counsel for Opposite Party(s)        :   G.A.

Court No. - 86


                 HON'BLE HARVIR SINGH, J.

1. On 10.2.2026, this Court has passed the following order:-
     "1. List has been revised.
     2. None appeared on behalf of either of the parties to
     press this revision. However, learned A.G.A. for the
     State is present.
     3. List this case as fresh before appropriate Bench on
     18.3.2026.
     4. It is made clear that, if either of the parties does not
     appear on the next date fixed, the revision shall be
     decided as per available record."

2. When the matter was taken up today, none appeared on
behalf of the revisionist to press this revision, even in the
revised call, however learned A.G.A. for the State is present.

3. The instant revision has been filed against the order dated
4.5.2024 passed by learned Principal Judge, Family Court,
Maharajganj in Maintenance Case No. 223 of 2023 (Smt. Reeta
Devi and another vs. Akash), under Section 125 Cr.P.C.

4. As per order dated 4.5.2024, the application moved by the
revisionist was dismissed on the ground that the matter was
fixed for final judgment on 18.5.2024 and it is expected that
one or other order would have been passed, then the learned
family Court shall be at liberty to pass final order, against
                                                                                          CRLR No. 2570 of 2024
                                                                 2


                                        which the revisionist will have opportunity to take appropriate
                                        remedy.

                                        5. The revision stands disposed of accordingly.

                                        March 18, 2026
                                        Faridul

                                                                                     (Harvir Singh,J.)




Digitally signed by :-
FAREEDUL HASAN
High Court of Judicature at Allahabad


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