Neutral Citation No. - 2025:AHC:60038 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1392 of 2025 Applicant :- Sushil @ Poti Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupama Parashar,Satendra Kumar Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been preferred against the order dated 05.08.2024, passed by the Additional Principal Judge, Family Court No. 3, Bulandshahar in Misc. Suit No. 1112 of 2022, under Section 128 Cr.P.C., P.S. Agauta, District Bulandshahar, whereby recovery warrant has been issued against the applicant. 3. It has been submitted by learned counsel for the applicant that opposite party No. 2 was awarded maintenance by the Family Court vide ex-parte judgement dated 26.04.2022. When applicant came to know about the said ex-parte judgement, he has filed an application under Section 126(2) Cr.P.C. on 05.06.2023 to recall the said ex-parte judgement. While that application under Section 126(2) Cr.P.C. is pending, by impugned order dated 05.08.2024 the Family court has issued recovery warrant against the applicant in the aforesaid execution proceedings under Section 128 Cr.P.C. It was submitted that till the disposal of the said application under Section 126(2) Cr.P.C, recovery proceedings may be kept in abeyance. 4. Learned AGA has opposed the application and submitted that there is no illegality or perversity in the impugned order. 5. I have considered the submissions and perused the record. 6. Perusal of record shows that opposite party No. 2 was awarded maintenance @ Rs. 8,000/- per month vide ex-parte judgement dated 26.04.2022. Thereafter, opposite party No. 2 has initiated proceedings under Section 128 Cr.P.C., wherein impugned order has been passed, by which recovery warrant has been issued against the applicant. No material illegality or perversity could be shown in the impugned order. There is nothing to indicate that there has been any abuse of the process of court or miscarriage of justice in the impugned order so as to require any interference by this Court in exercise of powers conferred under 482 Cr.P.C. Hence, the prayer sought in respect of impugned order dated 05.08.2024 is hereby refused. 7. However considering the facts of the matter, the Family court concerned is directed to expedite the hearing of the application filed by the applicant under Section 126(2) Cr.P.C. and to decide the same as early as possible, preferably within a period of six months from the date of production of copy of this order before the Family court concerned, provided there is no legal impediment. 8. The application u/s 482 Cr.P.C. is disposed of in above terms. Order Date :- 22.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad