Neutral Citation No. - 2025:AHC:132097 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 11594 of 2025 Applicant :- Shankar Chandra Gupta Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Bahadur Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Supplementary affidavit filed today by learned counsel for the applicant is taken on record. Sri Akhil Tiwari, Advocate holding brief of Shri Nagendra Bahadur Singh, learned counsel for the applicant and Sri R.K. Singh, learned A.G.A. the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 18.1.2025 passed by Additional Principal Judge, Family Court No. 1, Deoria in Restoration Case No. 558 of 2023, whereby an application under Section 126 of Cr.P.C. has been allowed on cost of Rs. 70,000/-. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and position of law. It is further submitted that the cost which has been imposed is highly excessive. It is further submitted that the applicant has filed an application to set-aside the ex-parte judgment of maintenance case and restore on its original number under Section 126 of Cr.P.C. It is further submitted that the restoration application has been allowed on payment of cost of Rs. 70,000/- is illegal, which is in the category of abuse of the process of law. There is no point for consideration except to impose excessive cost and in view of above facts and circumstances, the opportunity to hear Private-Opposite Party No. 2 is dispensed with. In view of the above facts and circumstances, the impugned order dated 18.1.2025 is modified. The applicant is directed to pay Rs. 10,000/- as costs to the opposite party no. 2 within two weeks from today to restore the maintenance case on its original number and this is not adjustable in future maintenance. With the aforesaid direction, the present application is, accordingly, disposed off. Order Date :- 5.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad