Neutral Citation No. - 2025:AHC:88713 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6253 of 2025 Applicant :- Sanjay Kumar Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar,Bakhteyar Yusuf Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Bakhteyar Yusuf, learned counsel for the applicant and Sri Indrajeet Singh Yadav, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the impugned recovery warrant order dated 21.05.2024 in Execution Case No.1428 of 2021 (Smt. Sapna Vs. Sanjay and others), under Sections 12, 17, 18, 19, 20, 22 and 23 of Domestic Violence Act, pending before the Family Court, Meerut. 3. At the very outset, learned A.G.A. has raised a preliminary objection regarding the maintainability of the present proceeding, particularly when against the order granting relief under Section 12, 17, 18, 19, 20, 22 and 23 of Domestic Violence Act, in Case No.5294 of 2017, Smt. Sapna vs. Sanjay Mishra and others by the Court of CJM Meerut on 06.01.2020, the applicant herein has preferred Criminal Appeal No.24 of 2020, which came to be rejected on 06.02.2023 by the Court of Addl. Sessions Judge, Court No.2, Meerut and the same has been the subject matter of challenge in a Criminal Revision No.1636 of 2023, which is pending. Submission of learned A.G.A. is that once the criminal proceeding is pending and now recovery warrants have been issued, then it is for applicant to get an interim order in the pending criminal revision, as the present application would not be maintainable. 4. At this stage, learned counsel for the applicant submits that the applicant is also paying maintenance under Section 125 CrPC also and without the said amount being adjusted, amount is being recovered. 5. In the opinion of the Court, once a criminal revision is stated to be pending, reference whereof has been made in paragraph-18 of the application against the orders passed under Domestic Violence Act, then it is for the applicant to seek interim relief wherein while filing appropriate application. 6. Accordingly present application not maintainable. 7. Application is consigned to record leaving it open for the applicant to file appropriate application seeking stay in the pending revision. Order Date :- 26.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad