Neutral Citation No. - 2025:AHC:76675 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13585 of 2025 Applicant :- Rajkumar Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Siddharth 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 u/s 528 BNSS has been filed with the following prayer :- "It is, therefore, most respectuflly prayed that this Hon'ble Court may kindly be pleased to allow the instant criminal misc. application, quash the impugned order of recovery warrant dated 18.12.2024 in Case No. 1127 of 2024 (Smt. Sarita Devi v. Rajkumar Yadav), under Section 147 of BNSS, passed by the Additional Principal Judge, Family Court, Room No.2, District- Deoria and order dated 04.06.2024 in Case No.277 of 2016 (Smt. Sarita Devi v. Rajkumar Yadav), under Section 125 CrPC, passed by the Additional Principal Judge, Family Court, Room No.2, District- Deoria." 3. So far as the impugned order dated 04.06.2024 is concerned, by that order, maintenance has been granted under Section 125 CrPC by the Family Court in favour of the opposite party no.2. In view of law laid down in case of Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445, Ashu Jain Vs. State of U.P. and 3 Others 2023:AHC:165660 and Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497, it is clear that an order of maintenance or interim maintenance is not an interlocutory order and that against such orders, aggrieved person has remedy of revision. It was held that against such order, application under Section 528 BNSS is not maintainable. Thus, this application under Section 528 BNSS against that order is not maintainable. Hence, the prayer for quashing of the impugned order dated 04.06.2024 is hereby refused. 4. So far as the impugned order dated 18.12.2024 is concerned, by that order, the Family Court has issued recovery warrants in execution case under Section 147 BNSS. No material illegality or perversity could be shown in the impugned order. There is nothing to show that there has been any abuse of process of the Court or miscarriage of justice. 5. In view of the aforesaid, this application under Section 528 BNSS is dismissed. 6. However, so far as the impugned order dated 04.06.2024 is concerned, the applicant would be at liberty to file criminal revision or to resort remedy available under law. The certified copies available on record may be returned back to learned counsel for applicant after retaining it's photocopy at the record. Order Date :- 7.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad