Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12002 of 2025 Applicant :- Dharmendra Chauhan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Alok Kushwaha,Km. Poonam,Rajesh Yadav 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. This application under Section - 528 BNSS has been preferred against the order dated 9.1.2025, passed by learned Additional Principal Judge, Family Court No. 1 Deoria in Execution Case No. 1617 of 2022 (Ramwati Devi and another vs Dharmendra Chauhan), under Section - 128 Cr.P.C., as well as against order dated 28.9.2022 passed in maintenance Application No. 1081 of 2021 (Ramwaati Devi and another vs. Dharmendra Chauhan), under Section 125 Cr.P.C., P.S. Kotwali, District Deoria. 3. After argument at some length, learned counsel for the applicant submitted that prayer made above is not being pressed and applicant may be permitted to move an application under Section 126(2) Cr.P.C. to recall of the exparte judgment dated 28.9.2022. 4. In view of the aforesaid, it is directed that in case applicant files an application under Section 126(2) Cr.P.C., along with the application under Section - 5 Limitation Act, within a period of two weeks from today, for recalling of exparte judgement dated 28.9.2022, before the family court concerned, the same shall be considered and decided expeditiously in accordance with law. 5. The application under Section 528 BNSS is disposed of accordingly. Order Date :- 11.4.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad