Neutral Citation No. - 2025:AHC:82118 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 17294 of 2025 Applicant :- Daraksha And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Md Zakir Husain,Md. Nuruddin Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application u/s 528 BNSS has been filed with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may be pleased to direct the Opposite Party No. 2/ Senior Superintendent of Police, District- Azamgarh to trace out the Opposite Party No. 5 and produce him before the Principal Judge, Family Court, Jaunpur. It is further prayed that this Hon'ble Court may be pleased to direct the Principal Judge, Family Court, Jaunpur to recover the maintenance amount from the Opposite Party No. 5 in pursuance of order dated 17.3.2025 passed by the Principal Judge, Family Court, Jaunpur in Case No. 2115 of 2022 (Daraksha Vs. Mohd. Arif) under Section 128 Cr.P.C., Police Station- Shahganj, District- Jaunpur. It is further prayed that this Hon'ble Court may be pleased to direct the Opposite Party No. 2/ Senior Superintendent of Police, District- Azamgarh to take appropriate action against the erring persons (Opposite Party nos. 3 & 4) as they are colluding with the husband (Opposite Party No. 5) because the applicants are not able to receive any maintenance amount due to the absence of Opposite Party No. 5, regarding which a false report has been submitted by the Opposite Party No. 3 & 4, otherwise the applicants shall suffer irreparable loss and injury." 3. Learned counsel for the applicants submitted that applicant no.1 is wife of opposite party no.5 and applicant no.2 is daughter of applicant no.1. The applicants were awarded maintenance under Section 125 CrPC. In proceedings under Section 128 CrPC, the opposite party no.4, who is Ward Member, as well as police have submitted false report that applicant no. 5- Mohd. Arif is not traceable at the given address and that no such person was residing at the given address. It was submitted that police are deliberately not executing the process issued by the Family Court against opposite party no.5 for recovery of arrears of maintenance. 4. Learned AGA submitted that there is nothing to show that police is deliberately not executing process issued by the Family Court. It was stated that applicants may raise their grievance before the Family Court concerned. 5. In view of the aforesaid, it is directed that in case applicants file an application before the Family Court concerned raising their concern/grievance, submitting relevant documents regarding address of opposite party no.5, within a period of two weeks from today, the same shall be considered and decided expeditiously in accordance with law. 6. With the aforesaid observation, this application u/s 528 BNSS disposed of finally. Order Date :- 16.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad