Uttarakhand High Court
CRLR/91/2026 of SHIVANI RAWAT Vs ISHWAR SINGH RAWAT on 16 July 2026
SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS CRLR/91/2026 Shivani Rawat --Revisionist Versus Ishwar Singh Rawat --Respondent Hon’ble Alok Mahra, J. Mr. Nishant Krishna
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UKHC010017232026
2026:UHC:5930 SL. No. Date Office Notes, reports, orders or proceedings or directions and Registrar’s order with Signatures COURT’S OR JUDGE’S ORDERS
CRLR/91/2026
Shivani Rawat --Revisionist Versus Ishwar Singh Rawat --Respondent
Hon’ble Alok Mahra, J.
Mr. Nishant Krishna Adhikari, Advocate for the revisionists.
Mr. Jitendra Chaudhary, Mr. Bhuvan Chadha and Mr. Abhay Ranjan, Advocates for the respondent.
2. The present Criminal Revision has been preferred by the revisionists assailing the order dated 22.01.2026 passed by the learned Additional Principal Judge-I, Family Court, Dehradun in Criminal Case No. 461 of 2023, whereby the application instituted by the revisionists under Section 125 of the Code of Criminal Procedure, 1973 has been dismissed for want of prosecution.
3. Learned counsel appearing for the respondent submits that the present Criminal Revision is not maintainable in view of the efficacious statutory remedy available to the revisionists under the Code of Criminal Procedure, 1973. It is contended that the revisionists have an appropriate remedy to move an application before the learned Family Court under Section 126(2) Cr.P.C. seeking recall of the impugned ex-parte order.
4. Heard learned counsel for the parties
UKHC010017232026
2026:UHC:5930 and perused the material available on record. This Court finds that Section 126(2) of the Code of Criminal Procedure, 1973 specifically provides a remedy for setting aside an ex-parte order on sufficient cause being shown by the aggrieved party. Since the statute itself provides an efficacious remedy before the Court which passed the impugned order, this Court is of the considered view that the present Criminal Revision is not liable to be entertained on merits.
5. Accordingly, the present Criminal Revision is dismissed. However, liberty is granted to the revisionists to avail the statutory remedy by filing an appropriate application under Section 126(2) Cr.P.C. before the learned Additional Principal Judge-I, Family Court, Dehradun, seeking recall of the order dated 22.01.2026. In the event such an application is filed, the learned Family Court shall consider and decide the same strictly in accordance with law, as expeditiously as possible, without being influenced by any observation made herein.
(Alok Mahra, J.)
16.07.2026 Arpan
ARPAN JAISWAL Digitally signed by ARPAN JAISWAL DN: c=IN, o=HIGH COURT OF UTTARAKHAND, ou=HIGH COURT OF UTTARAKHAND, 2.5.4.20=eabb68a3895e41937c266c23964c0485365445e3a20dddb7393 398f9fe45ba3e, postalCode=263001, st=UTTARAKHAND, serialNumber=060FC17022BEAE3DE215D68D9D454C5109CB987446351 E4DF04AADAA2C2CEA66, cn=ARPAN JAISWAL Date: 2026.07.17 10:39:41 +05'30'