HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 35897 of 2023 Court No. - 75 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Rishu Srivastava, Advocate, holding brief of Sri Gyanendra Prakash Srivastava, learned counsel for the applicant, Sri V.D. Ojha, learned counsel for the State and perused the records. 3. The present application under Section 482 Cr.P.C. has been filed by the applicant with the following prayers:- "It is, therefore, Most Respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the impugned order dated 21.08.2023 passed by learned Principal Judge Family Court Ballia in Case No. 177 of 2023 (Anshika alias Priyanshu Vs. Narsingh) u/s 128 Cr.P.C., Police Station Nagra, District Ballia. It is further prayed that this Hon'ble Court may kindly be pleased to stay the effect and operation of the impugned order dated 21.08.2023 passed by learned Principal Judge Family Court Ballia in Case No. 177 of 2023 (Anshika alias Priyanshu Vs. Narsingh) u/s 128 Cr.P.C., Police Station Nagra, District Ballia. It is further prayed that this Hon'ble Court may kindly be pleased stay the further proceeding of Case No. 177 of 2023 (Anshika alias Priyanshu Vs. Narsingh) u/s 128 Cr.P.C., Police Station Nagra, District Ballia, pending in the court of learned Principal Judge Family Court Ballia, during Versus Counsel for Applicant(s) : Gyanendra Prakash Srivastava Counsel for Opposite Party(s) : G.A. Narsing Giri Alias Pappu Giri .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) pendency of the present application bfore this Hon'ble Court. And/or pass such other and further order or direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case." 4. Submission of learned counsel for the applicant is that the order impugned dated 21.8.2023 is illegal inasmuch as the court concerned could not have issued recovery warrants through S.S.P. for maintenance allowance. It is submitted that thus the order impugned be set aside. 5. Learned counsel for the applicant was called upon to show his bonafide on the count as to whether he has paid any amount of maintenance to the opposite party no. 2 who is his daughter in compliance of the order dated 24.1.2023 passed by the Additional Principal Judge, Family Court, Ballia in Original Suit No.-Maintenance/1503289/2015, Anshika @ Priyanshu vs. Narsingh Giri @ Pappu Giri, under Section 125 Cr.P.C. by which the application u/s 125 Cr.P.C. was partly allowed and the applicant was directed to pay the respondent herein Rs.2000/- per month as maintenance till her marriage, learned counsel submits that the applicant has not paid any amount till date but the impugned herein has been passed in proceedings u/s 128 Cr.P.C. and the order is illegal which may set aside. 6. Learned A.G.A. for the State/opposite party no. 1 submits that on the own statement of learned counsel for the applicant he has not been following the judgement and order dated 24.1.2023 passed by the Family Court concerned by which maintenance allowance has been awarded to the opposite party no. 2 and the proceedings u/s 128 Cr.P.C. were taken up in which recovery warrants have been issued but still the applicant who is father of the opposite party no. 2 has not honoured the said order and paid a single penny. It is submitted that the petition be dismissed. 7. After having heard learned counsels for the parties and perusing the records, it is evident that the order impugned dated 21.8.2023 passed by the Additional Principal Judge, Family Court, Ballia in Original Suit No.- Maintenance/1503289/2015, Anshika @ Priyanshu vs. Narsingh Giri @ Pappu Giri, under Section 128 Cr.P.C., is an order by which recovery A482 No. 35897 of 2023 2 warrants have been issued against the applicant in proceedings u/s 128 Cr.P.C. and process has been issued to the S.P., Ballia through letter for its compliance. It is not a case of the applicant that the judgement and order dated 24.1.2023 awarding maintenance to the opposite party no. 2 is under challenge. There is no ground for interference in the present petition. The same is bereft of any merit and as such is dismissed. 8. Pending application(s), if any, shall stand disposed of. 9. Registrar (Compliance) to communicate this order to the concerned trial court/District Judge for information and necessary action within two weeks. May 12, 2026 Naresh A482 No. 35897 of 2023 3 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad