Neutral Citation No. - 2025:AHC:140997 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 30003 of 2025 Applicant :- Gajendra Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raksha Tiwari Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Heard Sri Ram Raksha Tiwari, learned counsel for the applicant and Sri Alok Kumar Mishra, learned A.G.A. for the State and perused material on record. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 10.06.2025 passed by Principal Judge Family Court, Mahoba in Execution of (Maintenance) Case No. 223 of 2023, arising out of an application under Section 128 of Cr.P.C. whereby the Principal Judge Family Court, dismissed the recall/ restoration application of the applicant and directed to pay cost of Rs. 10,000/- which has been imposed after allowing the application under Section 126(2) of Cr.P.C. against the applicant. Learned counsel for the applicant submitted that the impugned order has been passed without considering the delay in payment of cost in pursuance of the order dated 12.09.2024. The impugned application has been filed on 10.06.2025 after about 9 months of the judgment and order dated 12.09.2024. In view of the facts and circumstances of the case, no matter is pending for consideration and only matter is related to payment of cost to recall ex-parte judgment passed in Maintenance Case arising out of an application under Section 125 of Cr.P.C. This application is finally disposed of with a direction to the applicant to pay the cost of Rs. 10,000/- within 2 weeks from today. The applicant is directed shall not seek any adjournment in the maintenance case in future in every date. With the aforesaid directions, the application stands disposed of finally. Order Date :- 18.8.2025/Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad