Neutral Citation No. - 2025:AHC:46510 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9902 of 2025 Applicant :- Krishan Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been preferred against the ex-parte judgement dated 02.12.2022, passed by the Additional Principal Judge, Family Court No. 3, Bareilly in case No. 89(81) of 2022, under Section 125 Cr.P.C., Police Station Devrania, District Bareilly, whereby the Family Court has granted maintenance in favour of opposite party No. 2. 3. After arguing at some length, learned counsel for the applicant submits that the prayer as made above is not being pressed and applicant may be permitted to move an application under Section 126(2) Cr.P.C. , along with application under Section 5 of the Limitation Act, for recalling of the ex-parte judgement dated 02.12.2022 and a direction may be made to the Family court concerned to decide the same expeditiously. 4. In view of the aforesaid, it is directed that in case applicant moves an application under Section 126(2) Cr.P.C., along with application under Section 5 of the Limitation Act, before the Family Court concerned within a period of two weeks from today for recalling of impugned ex-parte judgement dated 02.12.2022, the same shall be considered and decided by the Family court concerned expeditiously, in accordance with law. 5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 3.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad