Neutral Citation No. - 2025:AHC:66703 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 5159 of 2025 Applicant :- Pankaj Chauhan Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Vijay Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the entire proceeding as well as order dated 14.11.2024 passed by learned Additional Principal Judge-3rd, Jaunpur in Case No.1881 of 2022 (Anita Vs. Pankaj), under Section 128 Cr.P.C. as well as order dated 01.07.2022 (ex-parte) passed by Additional Principal Family Judge 3rd, Jaunpur in Case No. 1209/2020 (Anita Devi Vs. Pankaj Chauhan) under Section 125 Cr.P.C." 3. It is submitted by learned counsel for the applicant that by impugned orders are against facts and law and thus liable to be set aside. It was submitted that applicant was residing in Gujarat and that now wife and children of applicant are residing with him but in recovery proceedings recovery warrants have been issued against applicant. Referring to facts of the matter, it was submitted that impugned orders are against facts and law and thus liable to be set aside. 4. So far impugned judgment dated 01.07.2022 is concerned, by that order Family Court has granted maintenance under Section 125 Cr.P.C. in favour of opposite party nos.2 to 5. In view of law laid down in case of Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445, Ashu Jain Vs. State of U.P. and 3 Others 2023:AHC:165660 and Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497, it is clear that an order of maintenance or interim maintenance is not an interlocutory order and that against such orders, aggrieved person has remedy of revision. It was held that against such order, application under Section - 482 Cr.P.C. is not maintainable. 5. Thus, it is apparent that this application under Section - 528 BNSS against impugned order dated 01.07.2022 is not maintainable. 6. As far as the impugned order dated 14.11.2024 is concerned, it appears that in recovery proceedings the Family Court has issued recovery warrants against applicant for realisation of arrears of maintenance. No material illegality or perversity could be shown in the impugned order. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice. 7. In view of aforesaid, this application under Section 528 BNSS is dismissed. The applicant would be at liberty to file criminal revision against judgment dated 01.07.2022 in accordance with law. The certified copy of judgment dated 01.07.2022 may be returned back to learned counsel for applicant after retaining photocopy of same on record. Order Date :- 29.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad