Neutral Citation No. - 2025:AHC:55423 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12407 of 2025 Applicant :- Vidhan Kulshreshtha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopi Krishna Sood,Mohit Behari Mathur 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 u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred against order dated 28.03.2024, passed by Principal Judge, Family Court, Muzaffarnagar in Case No.1076 of 2023 (Smt. Prakriti Kulshreshtha vs. Vidhan Kulshreshtha), under Section 125 Cr.P.C., Police Station- Civil Lines, District- Muzaffarnagar, pending in the court of Principal Judge, Family Court, Muzaffarnagar. 3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that applicant may be permitted to move an Application under Section 126(2) Cr.P.C., along with Application under Section 5 Limitation Act, to recall the ex-parte judgment dated 28.03.2024, before the Family Court concerned. 4. In view of aforesaid, it is directed that in case applicant moves an Application under Section 126(2) Cr.P.C., along with Application under Section 5 Limitation Act, before the Family Court concerned, within a period of two weeks from today for recall of ex-parte judgment dated 28.03.2024, the same shall be considered and decided expeditiously in accordance with law by the Family Court concerned. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 16.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad