Neutral Citation No. - 2025:AHC:81344 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15211 of 2025 Applicant :- Lorik Kharwar Opposite Party :- State of U.P. and Another Counsel for Applicant :- S. A. Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application u/s 528 B.N.S.S. has been filed seeking following prayer :- "It is, therefore, Most Respectfully prayed that this Hon'ble Court May graciously be pleased to allow this application and to quash the Recovery Warrant dated 15.4.2025 along with entire proceeding in Case No. 559 of 2024 (Shobhnath Vs. Lorik Kharwar) Under Section 147 B.N.S.S, Police Station- Anpara, District-Sonbhadra. It is further prayed that this Hon'ble Court may be pleased to stay the Recovery Warrant dated 15.4.2025 in Case No. 559 of 2024 (Shobhnath Vs. Lorik Kharwar) Under Section 147 B.N.S.S, Police Station- Anpara, District-Sonbhadra, during the pendency of the Recall application dated 17.12.2024 in Misc Case No. 749 of 2024 (Lorik Kharwar Vs Shobhnath), under section - 145 B.N.S.S, pending before Principal Judge Family Court Sonbhadra, And/ pass any other and further order/direction which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case. Otherwise applicant would suffer irreparable loss and injury." 3. It is submitted by learned counsel for the applicant that applicant is son of opposite party no.2. The opposite party no.2 has filed a case under Section - 125 Cr.P.C. against applicant, which was decided by ex-parte judgment dated 30.04.2024, granting maintenance to the opposite party no.2 @ Rs. 2,500/- per month. Learned counsel submitted that now applicant has since retired and he is not in a position to pay the maintenance to his father / opposite party no.2. The applicant has moved an application under Section - 126 (2) Cr.P.C. / 145 BNSS to recall the above referred ex-parte judgment dated 30.04.2024 and that case is still pending but meanwhile the Family Court has issued recovery warrant vide impugned order dated 15.04.2025. Referring to facts of the matter, it was submitted that impugned order is against law and thus, liable to be set aside. 4. Learned A.G.A. has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the rival submissions and perused the record. 6. The perusal of record shows that the opposite party no.2, who is father of the applicant and aged about 80 years, was granted maintenance by ex-parte judgment dated 30.04.2024. The applicant has filed an application under Section - 126 (2) Cr.P.C. / 145 BNSS to recall the said judgment and meanwhile in recovery proceedings recovery warrants have been issued against applicant. No material illegality or perversity could be pointed out in the impugned order. There is nothing to show that there has been any abuse of the process of Court or miscarriage of justice. Hence the prayer sought regarding impugned order dated 15.04.2025 is refused. 7. However, considering the facts of the matter, the Family court concerned is directed to expedite the hearing of application of applicant filed under Section - 126 (2) Cr.P.C. / 145 BNSS and to decide the same as early as possible, without granting any unnecessary adjournments, provided there is no legal impediment. 8. The application under Section - 528 B.N.S.S. is disposed of accordingly. Order Date :- 16.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad