APPLICATION U/S 528 BNSS No. 11564 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 11564 of 2026 Satyendra Kushwaha .....Applicant(s) Versus State Of U.P. And 4 Others .....Opposite Party(s) Counsel for Applicant(s) : Vinod Pandey Counsel for Opposite Party(s) : G.A. Court No. - 82 HON'BLE PADAM NARAIN MISHRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State and perused the material available on record. 2. The present application u/s 528 BNSS has been filed with a prayer to quash the order dated 03.10.2025 passed by the Additional Principal Judge, Family Court, Deoria in Execution Case No. 521 of 2022, under Section 128 of Cr.P.C., P.S. Khukhendu, District Deoria. 3. 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. 4. The Supreme Court, in the case of Rajnesh vs Neha and Anr. (2021) 2 SCC 324 has made the following observation: "(e) Enforcement/Execution of orders of maintenance 132. For enf