JUDGMENT :

(Dr. Yogendra Kumar Srivastava, J.) :

1. Heard Sri Sujan Singh, learned counsel for the petitioners, Sri Pankaj Saxena, learned A.G.A.I appearing for the State-respondent and Ms. Niharika Dubey, learned counsel appearing for the respondent no. 2.

2. The present petition has been filed seeking to assail the order dated 02.01.2023 passed by the Principal Judge, Family Court, Agra in Misc. Case No. 2053 of 2022, under Section 125 Cr.P.C., arising out of Maintenance Case No. 783 of 2014 (Smt. Hema and another Vs. Dhirendra Pratap Singh).

3. The order dated 02.01.2023, which is subject matter of challenge in the present petition, was passed upon an application No. 3A filed by the petitioners seeking a recall of an earlier order dated 29.10.2022 and to restore the case to its original number.

4. The aforesaid application was dismissed by the Principal Judge, Family Court stating that after dismissal of an application under Section 125 Cr.P.C., no application seeking restoration of the case was entertainable. It was also observed that the petitioner could file a second application under Section 125 Cr.P.C.

5. Attention of the Court has been drawn to the factual aspects of the c