Neutral Citation No. - 2025:AHC:88582 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18573 of 2025 Applicant :- Jabir Ali Opposite Party :- State of U.P. and Another Counsel for Applicant :- A.C.Tiwari(Ac),Ram Singh 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 respectfully prayed that this Hon'ble Court may graciously be pleased to exercise inherent jurisdiction and prevent abuse of process of court and just to save interest of justice parties and quash the entire proceedings of Execution Case No. 124 of 2014 (Smt. Shahreen Bano Vs. Jabir Ali) pending in the court of Additional Principal Judge, Family Court No. 3, Allahabad initiated in pursuance of orders dated 04.04.2025 and 09.04.2025 passed under section 128 of Cr.P.C. It is further prayed that the impugned orders dated 04.04.2025 and 09.04.2025 in Execution Case No. 124 of 2014 (Shahreen Bano Vs. Jabir Ali) are contrary to the earlier order dated 24.09.2021 passed from same court." 3. It is submitted by learned counsel for the applicant that in aforesaid proceedings under Section 128 CrPC, earlier the Family Court has refused to attach the disputed property on the ground that the same has already been sold by the applicant but by impugned order dated 04.04.2025 the Family Court has issued recovery warrants against the applicants by referring to the said disputed land. It is further submitted that by order dated 09.04.2025 recovery warrant has been issued to the tune of Rs.6,02,000/-. Main contention of applicant is that he has already sold the disputed land, which has been referred to in order dated 04.04.2025 and the applicant has filed objection to that effect before the Family court concerned. It was further submitted that the applicant has already filed an application on 17.04.2025 to recall the orders dated 04.04.2025 and 09.04.2025 but the same has not been decided so far. 4. Learned AGA has submitted that there is no direction for attachment and sale of the said disputed property. Further, if applicant has already sold the said property, the same has to be objected by the owner of that property and not by the applicant. 5. I have considered the rival submissions and perused the material available on record. 6. Considering the facts of the matter, it is apparent that grievance of applicant is regarding the orders dated 04.04.2025 and 09.04.2025 and he has already filed an application before the Family Court to recall those orders. The said application is still pending. 7. In view of aforesaid facts of the matter, the Family Court concerned is directed to decide the said recall application of applicant expeditiously, preferably within a period of two months from the date of receipt of copy of this order. 8. With the aforesaid observation, this application u/s 528 BNSS is disposed of. Order Date :- 23.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad