Neutral Citation No. - 2025:AHC:111133 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 5465 of 2025 Applicant :- Ram Milan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prabhat Agarwal Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Prabhat Agarwal, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to modify the order dated 29.01.2025 passed by Principal Judge Family Court, Hamirpur in Criminal Misc. Case No. 165 of 2022, whereby the Family Judge, imposed Rs. 20,000/- as costs to restore the ex-parte judgment passed in case related to application under Section 125 of Cr.P.C. Learned counsel for the applicant submits that the impugned order dated 29.01.2025 has been passed without considering the facts and circumstances of the case and the position of law. It is further submitted that on 20.10.2019, the applicant fell critically ill and was diagnosed as suffering from blood dysentery and was under medical treatment and could not attend the court. Thereafter, with the spread of epidemic COVID-19 his condition became more critical and on 28.03.2022 when he recovered, the applicant enquired about the case, then he came to know that an ex-parte order dated 31.08.2020 had been passed against him awarding a sum of Rs. 3,000/- per month to the opposite party no. 2. It is further submitted that despite furnishing cogent and unimpeachable evidence of the suffering and disease explaining his absence in the court, the Principal Judge Family Court, Hamirpur imposed the cost of Rs. 20,000/-, which is wholly illegal. In view of the above, the present application is finally disposed of and the order dated 29.01.2025 is modified to the extent that the applicant shall deposit 10,000/- as costs within fifteen days. Order Date :- 11.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad