APPLICATION U/S 528 BNSS No. 11209 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11209 of 2026 Ashish Gupta .....Applicant(s) Versus State of U.P. and Another .....Opposite Party(s) Counsel for Applicant(s) : Pawan Kumar Tripathi Counsel for Opposite Party(s) : G.A. Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. Supplementary affidavit filed on behalf of applicant, which is taken on record. 2. Heard learned counsel for the applicant and Sri Jhamman Ram, learned AGA-I for the State. 3. The present application under Section 528 BNSS has been filed to quash the entire proceedings of the Case No. 1878 of 2022, under Section 125(3) Cr.P.C., pending in the Court of Additional Principal Judge, Family Court, Saharanpur as well as impugned order dated 21.07.2025. 4. Learned counsel for the applicant submits that in the present matter learned Trial Court has issued recovery warrant as well as NBW against the applicant which is not permissible in the eye of law. He further submits that he has relied upon the judgment of Supreme Court in the case Rajnish Vs. Neha and another 2021(2) SCC 324. 5. The Supreme Court, in the case of Rajnesh vs Neha and Anr. (2021) 2 SCC 324 has made the following observatio