Neutral Citation No. - 2025:AHC:143132 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 30462 of 2025 Applicant :- Sajnu Nishad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Abhishek Kumar Jaiswal,Sumant Krishna Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. During the course of argument learned counsel for the applicant has corrected the prayer clause of this application. Sri A.K. Jaiswal, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 02.07.2025 passed by Principal Judge, Family Court, Mirzapur in Restoration/Recall Application of Criminal Misc. Case No. 32 of 2024, arising out of an application under Section 125 of Cr.P.C., whereby the Family Court allowed the application under Section 126(2) of Cr.P.C. on cost of Rs. 1,00,000/-. Learned counsel for the applicant submits that the Restoration/Recall Application has been allowed on the cost of rupees one lakh, which is excessive amount imposed by the Family Court. He further submits that the impugned order has been passed without considering the facts and circumstances of case and position of law and in place of reasonable cost excessive cost has been imposed. The main grievance of the learned counsel for the applicant is that excessive cost has been imposed. The matter is related to settled position of law. There is no other point for consideration except allowing the Restoration/Recall Application after imposing excessive cost, due to this reason, the opportunity to call the counter affidavit from the opposite party no. 2 is dispensed with. In view of above facts & circumstances and position of law, the order dated 02.07.2025 is modified with a direction to the applicant to pay cost of Rs. 10,000/- in place of Rs. 1,00,000/-, which shall be payable within two weeks from today. Accordingly, this application is disposed of. Order Date :- 20.8.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad