KALICHARAN Vs. STATE OF U P & ANOTHER

JUDGEMENT

(1.) The present revision is preferred against the judgment and order dated 11.8.2017 passed by the learned Principal Judge, Family Court, Firozabad in Criminal Misc. Case No. 05 of 2017 (Kalicharan Vs. Smt. Vijay) under Section 126(2) Cr.P.C., Police Station Rasoolpur, District Firozabad whereby the restoration application under Section 126(2) Cr.P.C. filed by the revisionist/husband, has been rejected.

(2.) Heard learned counsel for the revisionist/husband and learned A.G.A. on the point of admission. Perused the record.

(3.) Learned counsel for the revisionist/husband has challenged the legality and correctness of the aforesaid impugned order dated 11.08.2018 on the ground that the learned court below, while passing the impugned order, has ignored the principles of natural justice that the revisionist/husband was not given opportunity of hearing before the court below and has illegally rejected the application of the revisionist moved under Section 126(2) Cr.P.C. for recalling of ex-parte order. It has also been contended that the court below did not consider the fact that the opposite party no. 2 is not the legally wedded wife of the revisionist and has rejected the application without recording a clear finding on this fact.