Court No. - 73 Case :- APPLICATION U/S 482 No. - 32897 of 2024 Applicant :- Gaurav Kumar Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been preferred against the order dated 10.09.2024, passed by learned Additional Principal Judge, Family Court No.4, Ghaziabad, in Criminal Misc. Case No.609 of 2023 (Smt Pooja Sharma and Another Vs. Gaurav Kumar), under Section 125(3) Cr.P.C., arising out of Case No.24 of 2021, Police Station- Kavi Nagar, District- Ghaziabad, whereby recovery warrants have been issued against the applicant. 3. It has been submitted by learned counsel for the applicant that impugned order is against facts and law and thus liable to be set aside. The applicant is husband of opposite party no.2 and that applicant no.3 is their minor daughter. The application under Section 125 Cr.P.C. was filed making false and baseless allegations. The opposite party no.2 was living separately from applicant since 19.10.2019 without any just ground. It was submitted that the applicant has already filed revision against order dated 30.06.2023 before this Court but no interim order has been passed in the said revision so far. Learned counsel for the applicant submitted that impugned order is against law and thus liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. Perusal of record shows that opposite party nos.2 & 3, are wife and child respectively of applicant and they were awarded maintenance by judgment dated 30.06.2023. It appears that opposite party no.2 has initiated aforesaid proceedings under Section 125 (3) Cr.P.C. for recovery of arrears of maintenance. Learned Family Court has observed that no payment of arrears of maintenance has been made by the applicant, thus, issued recovery warrant against applicant for realisation of arrears of maintenance. In view of these facts and circumstances, it can not be said that impugned order is suffering from any such patent illegality or abuse of the process of Court so as to require any interference by this Court by invoking powers under Section 482 Cr.P.C. Further, applicant has already filed a revision against judgment dated 30.06.2023, which is pending. 7. In view of aforesaid, it is apparent that this application under Section 482 Cr.P.C. has not substance and thus liable, to be dismissed. 8. The application u/s 482 Cr.P.C. is hereby dismissed. Order Date :- 15.1.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad