Neutral Citation No. - 2025:AHC:39123 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8779 of 2025 Applicant :- Sueb @ Shoib Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ravindra Kumar Yadav,Sandeep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application under Section 528 BNSS has been preferred against order dated 28.02.2025, passed by learned Principal Judge, Family Court, Muzaffarnagar, in Case No. 480 of 2024 (Smt. Shabana Praveen and others vs. Sueb @ Shoib), under Section 128 Cr.P.C., Police Station - Kotwali Nagar, District - Muzaffarnagar, whereby the recovery warrants have been issued against the applicant. 3. It is submitted by learned counsel for the applicant that the opposite party nos.2 to 5 were awarded maintenance by the Family Court vide ex-parte order dated 07.02.2024 passed by the Principal Judge, Family Court, Muzaffarnagar. Thereafter, the opposite party nos.2 to 5 have initiated proceedings under Section 128 Cr.P.C. for recovery of arrears of maintenance. Meanwhile, the applicant has also filed an application under Section 145(2) BNSS to recall the said ex-parte judgment dated 07.02.2024. It was submitted that before deciding the said application, the Family Court has passed impugned order, whereby recovery warrants have been issued against applicant. It was further pointed out that an amount of Rs.1,50,000/- has already been paid by the applicant. Referring to facts of the matter, it was submitted that till the disposal of application filed by the applicant under Section 145(2) BNSS, no coercive process may be adopted against the applicant for arrears of maintenance. 4. Learned AGA has submitted that there is no illegality or perversity in the impugned order. 5. Perusal of record shows that applicant is husband of opposite party no.2 and father of applicant nos.3 to 5. Said opposite parties were awarded maintenance vide ex-parte judgment dated 07.02.2024. The opposite party nos.2 to 5 have initiated proceedings under Section 128 Cr.P.C. for recovery of arrears of maintenance and in those proceedings impugned order dated 28.02.2025 has been passed, wherein a direction was made for issuance of recovery warrants for realisation of arrears of maintenance. No abuse of the process of court or any other patent illegality could be shown in respect of impugned order. Thus no case for interference in impugned order dated 28.02.2025 is made out. Hence prayer sought by applicant is refused. 6. However, considering facts of the matter, the Family Court concerned is directed to expedite the proceedings of the application filed by the applicant under Section 145(2) BNSS and to decide the same expeditiously, preferably within a period of six months from the date of production of copy of this order before the court concerned, provided there is no legal impediment. 5. The application under Section 528 BNSS is disposed of accordingly. Order Date :- 19.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad