HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 5080 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Learned counsel for the applicants submits that due to inadvertence the prayer has been wrongly mentioned. Learned counsel for the applicants is permitted to correct the same during the course of hearing. Heard Sri Dhirendra Kumar Srivastava, learned counsel for the applicant and Sri Rahul Pandey, brief holder for the State and perused material on record. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to modify the impugned order dated 08.11.2023 passed by Principal Judge Family Court, Chandauli in Recall/ Restoration Application No. 321 of 2023, arising out of an application under Section 126(2) of Cr.P.C., whereby the application under Section 126(2) of Cr.P.C. has been allowed on payment of 50% maintenance in installments as well as Rs. 6,000/- per month awarded as interim maintenance. Learned counsel for the applicant submits that impugned order has been passed without considering the facts and circumstances and position of law. It is further submitted that the learned trial court directed to deposit 50 % maintenance amount, which is set-aside by the same order in place of imposing cost. In view of the facts and circumstances and keeping in mind, the settled position of law, the impugned order dated 08.11.2023 is modified and Versus Counsel for Applicant(s) : Dhirendra Kumar Srivastava Counsel for Opposite Party(s) : G.A. Vikas Tiwari .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) directed the applicant to pay Rs. 10,000/- as costs payable within two weeks from today. In place of payment of 50% of arrears of maintenance amount and the impugned order of interim maintenance is also set-aside. With the aforesaid direction, the present application is, accordingly, disposed off. September 22, 2025 Ishan NA528 No. 5080 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad