Allahabad High Court
RAVINDRA KUMAR MISRA ALIAS RAVINDRA MISRAversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- MADAN PAL SINGH
Summary
The revisionist, Ravindra Kumar Misra, filed an application under Section 126(2) of the Criminal Procedure Code seeking to recall an ex parte judgment and order dated 28 March 2016. The application was filed in compliance with a prior order dated 17 February 2026 in Criminal Revision No. 4951 of 2025. The revisionist counsel requested a ten‑day extension to file an affidavit in support of the application. The opposite party’s counsel raised no objection to the request. The Court, after noting the parties’ submissions, adjourned the matter and listed it for fresh hearing on 8 May 2026.
Issues considered
- Whether an application under Section 126(2) Cr.P.C. to recall an ex parte judgment can be entertained at this stage
- Whether the revisionist should be granted time to file an affidavit in support of the application
Legislation cited
- Code of Criminal Procedure, 1973 — s. 126(2)
Subjects
- Criminal Revision
- Ex parte judgment
- Section 126 Cr.P.C.
- Affidavit
- Adjournment
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL REVISION No. - 4950 of 2025
Ravindra Kumar Misra Alias Ravindra Misra
.....Revisionist(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Revisionist(s) : Ravindra Kumar Srivastava, Vikas
Mani Srivastava
Counsel for Opposite Party(s) : G.A., Rajeev Kumar Saxena
Court No. - 88
HON'BLE PRASHANT MISHRA-I, J.
1. Learned counsel for the revisionist and learned counsel for private
opposite party are present.
2. Learned counsel for the revisionist apprised this Court that in
compliance of the order dated 17.02.2026, passed by this Court in
Criminal Revision No. 4951 of 2025, he has filed an application under
Section 126(2) Cr.P.C. to recall the exparte judgement and order dated
28.03.2016. Learned counsel for the revisionist prays for ten days' time to
file an affidavit in this regard.
3. Learned counsel for the opposite party no. 2 has no objection to it.
4. Put up this case on 08.05.2026, as fresh.
(Prashant Mishra-I,J.)
April 16, 2026
Saurabh
Digitally signed by :-
SAURABH
High Court of Judicature at Allahabad
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