HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 35191 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. During course of hearing learned counsel for the applicant has corrected the prayer clause of this application. Sri Upendra Kumar Rai, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to modify the order dated 06.08.2025 passed by Principal Judge, Family Court, Azamgarh in Restoration/Recall Application in Misc. Case No. 18 of 202, arising out of an application under Section 126 (2) of Cr.P.C., whereby Family Court imposed 50% of maintenance as costs to restore the ex-parte judgment passed in Maintenance case related to application under Section 125 of Cr.P.C. Learned counsel for the applicant 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. It is further submitted that the Restoration/Recall Application has been filed to recall the ex-parte judgment. 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 delay condonation application after Versus Counsel for Applicant(s) : Upendra Kumar Rai Counsel for Opposite Party(s) : G.A. Shahid .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 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 keeping in mind the position of law, the order dated 06.08.2025 is modified with a direction to the applicant to pay cost of Rs. 10,000/- in place of 50% of the maintenance amount, which is payable within two weeks from today. The order dated 06.08.2025 is modified to the extent as above. Accordingly, this application is disposed of. September 15, 2025 MAA/- NA528 No. 35191 of 2025 2 Sanjay Kumar Pachori,J.) Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad