Neutral Citation No. - 2025:AHC:66939-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8305 of 2025 Petitioner :- Sita Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushkar Kushwaha Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. By means of present writ petition, the petitioner is seeking direction to the respondent no. 2 to execute the levy warrant issued by the Principal Judge (Family Court), Mirzapur for recovery and deposit of Maintenance allowance in the Misc. Case No. 705 of 2017, (Sita Devi vs. Jitendra Maurya), under Section 128 Cr.P.C. pending the court of Principal Judge Family Court, Mirzapur. 3. Ms. Divya Ojha, learned AGA-I at the very outset raised preliminary objection qua the maintainability of the instant writ petition on three folds submissions: (i) as the matter is seized before the Principal Judge, Family Court, the same relief can be pressed before the concerned court, (ii) Cr.P.C./BNSS being a self contained Act has complete set of rules and procedures that can be adhered to for execution of any relief, (iii) no order can be passed directing the jurisdictional court or tribunals for exercising power by invoking inherent jurisdiction under Article 226 of Constitution of India. Further she brought this fact on record that the petitioner has earlier preferred a Criminal Misc. Writ Petition No. 11956 of 2023 (Sita Devi vs. State of U.P and 2 others) for a similar relief. Initially, a notice was issued in the said proceedings subsequently a compliance affidavit was filed wherein it was disclosed that the respondent no. 3 was arrested in compliance of the order passed by the co-ordinate Bench of this Court dated 10.10.2023, but he was not in a position to pay the amount. Later on, the writ petition was dismissed as infructuous. Under the facts and circumstance, instant writ petition is totally misconceived and deserves to be dismissed. 4. Considering the preliminary objection raised by learned AGA-I, and on the factual contour that the case is pending since 2017, we are not inclined to entertain the writ petition. Needless to say that in case the petitioner is aggrieved she is at liberty to approach the appropriate forum to press her relief. 5. With the above observation, the instant petition is disposed of. Order Date :- 29.4.2025 Ujjawal (Anil Kumar-X, J) (Mahesh Chandra Tripathi, J) Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad