HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36105 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J. Ms. Manju Yadav and Ms. Preete Chaudhary, learned counsels for the applicant and Sri A.K. Rai, 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 9.7.2025 passed by Additional Principal Judge, Family Court No. 3, Bulandshahr in Recall/Restoration Case No. 1090 of 2022, arising out of an application under Section 126(2) of Cr.P.C., which has been filed to quash the ex-parte judgment dated 31.3.2022, which has been allowed on payment of cost of Rs. 50,000/-. 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 to set-aside the ex-parte judgment of maintenance case and restore on its original number under Section 126(2) of Cr.P.C. It is further submitted that the restoration application has been allowed on payment of cost of Rs. 50,000/-, which is illegal and 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 Versus Counsel for Applicant(s) : Manju Yadav, Preete Chaudhary Counsel for Opposite Party(s) : G.A. Irfan .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 9.7.2025 is modified. The applicant is directed to pay Rs. 10,000/- as costs to the opposite party no. 2 within two weeks from today. With the aforesaid direction, the present application is, accordingly, disposed off. September 18, 2025 T. Sinha NA528 No. 36105 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad