-1- CGHC010374142026 2026:CGHC:41841 NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2520 of 2026 Farukh Abdulla S/o Sekh Abdulla Aged About 40 Years R/o Vishrampur, Infront Of F.C.I. Warehouse, Near Railway Station, Police Station Jainagar, District Surajpur, Chhattisgarh (C.G.) ... Petitioner(s) versus Sapna (Alias) Safiya Begum W/o Farukh Abdullah Aged About 41 Years R/o Vishrampur, In Front Of F.C.I. Warehouse, Near Railway Station, P.S. - Jainagar, District - Surajpur (C.G.). Present Address - Thakurdiya, P.S. - Kharsiya, District Raigarh (Chhattisgarh) ... Respondent(s) For Petitioner : Mr. Gyan Prakash Shukla, Advocate S.B.: Hon'ble Shri Parth Prateem Sahu, Judge Order On Board 25/09/2026 1. Petitioner has filed this Criminal Miscellaneous Petition seeking following reliefs : "i. It is therefore prayed that, this Hon'ble Court may kindly be pleased to exercise its inherent jurisdiction under section 520 of the BNSS, and in exercise thereof call for the records & direct the learned JMFC (Kharsiya) District Raigarh( C.G.) to Digitally signed by PRAVEEN KUMAR SINHA Date: 2026.09.28 15:36:31 +0530 -2- decide the husband's application under Section 127(2) CrPC pending in (MJC/9/2023) before proceeding with any coercive recovery or final execution order under Section 125(3) (MJC/5/2023), in the interest of justice. ii. It is therefore prayed that, this Hon'ble Court may kindly be pleased quash/set-aside the execution proceedings in MJC/5/2023 to the extent that it is sought for recovery of maintenance dues beyond the statutory period of one year preceding the date of the application, in strict compliance with the First Proviso to Section 125(3) of the Cr.P.C. iii. It is therefore prayed that, this Hon'ble Court may kindly be pleased to grant any other relief, in the interest of justice.” 2. Learned counsel for the petitioner, during course of argument, would submit that as the application filed by the petitioner/applicant under Section 127 (2) of Cr.P.C. on 02.08.2023 for altering amount of maintenance awarded to respondent, is not decided even after more than 3 years, this petition may be disposed of directing learned Magistrate to conclude the proceeding under Section 127 (2) of Cr.P.C. within specified time frame. 3. I have heard learned counsel for the petitioner and perused the documents annexed along with this Criminal Miscellaneous Petition. 4. From perusal of the documents placed on record it is appearing -3- that respondent wife has also filed application under Section 125 (3) of Cr.PC. for execution of recovery of amount of maintenance awarded and as per submission of learned counsel for the petitioner both the applications have now been clubbed together and taken up for hearing on the same day. 5. Considering that application under Section 127 Cr.P.C. filed by petitioner/applicant for alteration of order of amount of maintenance awarded by Magistrate in favour of respondent is pending consideration since more than 3 years in which respondent has also caused appearance and has filed reply and further considering that subsequently applicant (petitioner herein) had submitted another application mentioning that now non-applicant No.2 in whose favour amount of maintenance is awarded, has now become major and, therefore amount of maintenance requires alternation, this Criminal Miscellaneous Petition is disposed of with a direction to learned Magistrate to conclude and decide the application under Section 127 Cr.P.C. for alteration of amount of maintenance awarded on 19.12.2016, in accordance with law, expeditiously, preferably within a period of four months from the date of production of this order. Sd/-/-/---/-/- (Parth Prateem Sahu) Judge Praveen