Neutral Citation No. - 2025:AHC:146247 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 27267 of 2025 Applicant :- Jagvir Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Pankaj Kumar Tiwari, Advocate holding brief of Shri Rakesh Kumar Yadav, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to modify the order dated 29.5.2025 passed by Additional Principal Judge, Family Court No. 3, Bulandshahr in Misc. Case No. 862 of 2024, which has been filed with the condonation application, arising out of an application under Section 126(2) of Cr.P.C., whereby an application under Section 5 of Limitation Act has been allowed on payment of cost of Rs. 1,00,000/-. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and position of law. It is further submitted that the cost which has been imposed is highly excessive. It is further submitted that the applicant has filed an application under Section 126(2), Cr.P.C. along with delay condonation application. It is further submitted that the delay condonation application has been allowed on payment of cost of Rs. 1,00,000/- is illegal, which is in the category of abuse of the process of law. There is no point for consideration except to impose excessive cost and in view of above facts and circumstances, the opportunity to hear Private-Opposite Party No. 2 is dispensed with. In view of the above facts and circumstances, the impugned order dated 29.5.2025 is modified. The applicant is directed to pay Rs. 5,000/- as costs to the opposite party no. 2 within two weeks from today. With the aforesaid direction, the present application is, accordingly, disposed off. Order Date :- 23.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad