Neutral Citation No. - 2025:AHC:41478 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9147 of 2025 Applicant :- Shamshad Khan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Md. Muzzammil.I.Qureshi,Rumana Khatoon 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 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been preferred against the order dated 14.10.2024, passed by learned Principal Judge, Family Court, Kaushambi, in Execution Case No.157 of 2024 (Jarina Siddiqui & another Vs. Shamshad Khan), under Section 147 B.N.S.S., Police Station- Karari, District- Kaushambi. 3. Perusal of record shows that by impugned order dated 14.10.2024 the application filed by opposite party no.2 under Section 128 Cr.P.C. has been registered and notice has been issued to the applicant. 4. Learned counsel has raised several arguments and submitted that the said application under Section 128 Cr.P.C. was not maintainable. 5. I have considered rival submissions and perused the record. 6. It could not be disputed that opposite party nos.2 & 3 were awarded maintenance under Section 125 Cr.P.C. vide order dated 15.07.2017. The applicant has filed a revision against that order, wherein by order dated 09.08.2017 it was directed that proceedings of the case would remain stayed, provided applicant continues pay maintenance to the opposite party no.2 in accordance with order dated 15.07.2017. 7. As stated earlier by impugned order merely an application under Section 128 Cr.P.C. has been registered and notice has been issued to the opposite party (applicant herein). If the applicant has any grievance that the said application is not maintainable, he may file objection to this effect before the Family Court concerned. In case, the applicant files any objection regarding maintainability of application under Section 128 Cr.P.C., which has been registered vide order dated 14.10.2024, the same shall be considered and decided expeditiously in accordance with law. 8. With aforesaid observations, the application u/s 528 B.N.S.S.is disposed of. Order Date :- 21.3.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad