Neutral Citation No. - 2025:AHC:39305 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8893 of 2025 Applicant :- Ishan Khalid Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel appearing for the applicant, learned A.G.A. for the State and perused the entire record. 2. This application under Section 528 BNSS has been preferred against order dated 07.09.2024 passed by learned Additional Principal Judge, Family Court, Deoria in Case No.379 of 2023, under Section 125 Cr.P.C., whereby maintenance has been granted in favour of the daughter of opposite party no.2. The order dated 15.10.2024 is also being impugned, whereby recovery warrant has been issued against applicant in Execution Case No.1471 of 2024 (Nahid and others Vs. Ishan Khalid). 3. It is apparent from the record that by impugned order dated 07.09.2024 maintenance has been granted by the Family Court in favour of daughter of opposite party no.2. 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 Manish Aggarwal Vs. Seema Aggarwal and Others 2012 SCC OnLine Del 4816, 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. Similar law has been laid down by the Division Bench of this Court in case of Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497. In BNSS the equivalent provisions to Section 482 Cr.P.C. 1973, has been enshrined in Section 528 BNSS and thus similar analogy would be applicable to the application under Section 528 BNSS. Thus, this application under Section 528 BNSS against order dated 07.09.2024 is not maintainable. 4. So far the impugned order dated 15.10.2024 is concerned, in recovery proceedings, the Family Court has issued recovery warrant against applicant. No abuse of process of Court or any patent illegality could be shown in respect of order dated 15.10.2024. Thus, no case for invoking powers under Section 528 BNSS is made out. 5. Accordingly, this application under Section - 528 BNSS is dismissed. Order Date :- 19.3.2025 RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad