Neutral Citation No. - 2025:AHC:31972-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 4157 of 2025 Petitioner :- Nafeesa Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sunil Kumar Pandey Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the petitioner and Shri Paritosh Malviya, learned AGA-1 for State respondents. 2. The instant writ petition has been preferred for a direction to respondent no.2 i.e. Commissioner of Police, Gautam Budh Nagar not to take any coercive action against the petitioner as well as her property in pursuance of recovery warrant dated 05.11.2024 issued by the Addl. Principal Judge, Family Court, Gautam Budh Nagar in Criminal Misc. Maintenance Case No.447 of 2021 (Jaahida v. Jaakir) under Section 125 CrPC. 3. It is contended that the son of the petitioner namely Jakir has estranged relation with his wife- Jahida. Jaahida had moved an application under Section 125 CrPC, which was entertained by the Addl. Principal Judge, Family Court, Gautam Budh Nagar and interim maintenance has been provided to her. For compliance of the aforesaid maintenance, the impugned recovery warrant has been issued, which impels the petitioner to invoke the writ jurisdiction. It is also contended that the petitioner's son (Jakir) is also missing since 23.05.2024 and missing report has also been lodged. The petitioner has also heavily relied upon the suicide note of his son, even though the same is not substantiated with any other document that son of the petitioner has committed suicide. Learned counsel for the petitioner submits that under the present facts and circumstances no such recovery can be effectuated against the petitioner. 4. Per contra, learned AGA-1 has resisted the relief on the ground that the proceeding under Section 125 CrPC is independent proceeding and the petitioner does not have any locus to challenge the impugned recovery warrant dated 05.11.2024 in writ jurisdiction. If the petitioner is inclined for stay of recovery or for direction not to take any coercive action, the said factual situation can very well be placed before the concerned Family Court, wherein the matter is seized but in any way the proceeding under Section 125 CrPC is not amenable under the writ jurisdiction at the behest of the mother of Jakir against whom recovery warrant has been issued. 5. Considering the facts and circumstances of the case, we are not inclined to entertain the instant writ petition. Suffice to indicate, in case the petitioner is aggrieved, she may press her claim before the concerned Family Court. 6. With the aforesaid observations, the writ petition stands disposed of. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 5.3.2025 SP/ Digitally signed by :- SURYA PRAKASH High Court of Judicature at Allahabad