JUDGMENT :

1. At the time of filing of the present petition, certified copy of the impugned order has not been annexed along with the present petition.

2. Today, a supplementary affidavit has been filed on behalf of the petitioner enclosing certified copy of the order impugned. The same is taken on record.

3. Heard Mr. S. Sengar, learned counsel for the petitioner and the learned A.G.A. for the State as also perused the material on record.

4. Learned counsel for the petitioner and the learned A.G.A for the State agree that the present petition may be disposed of at this stage without calling for counter affidavit in view of the order proposed to be passed today.

5. Normally this Court would have issued notice to opposite party no.2 to contest the matter by filing counter affidavit either by herself or through counsel, but no purpose would be served by keeping the application pending. However, it shall be open for opposite party no.2 to file an appropriate application, if she feels so aggrieved.

6. The present criminal revision has been filed to quash the judgment and order dated 20th September, 2019 passed by the Principal Judge, Family Court, Auraiya in consequential proceedings of Case No. 397 of 2013 (Subodhani @ Saloni & Another Vs. Sukant @ Rakesh Kumar), under Section 125 (3) Cr.P.C., whereby the Principal Judge has issued non-bailable warrant against the petitioner.

7. Learned counsel for the petitioner submits that the petitioner married opposite party no.2 on 8th December, 2010. Out of the aforesaid wedlock, a baby girl was born. However, after some time, the relationship between the husband and wife i.e. petitioner and opposite party no.2 became strained and incompatible. Thereafter the opposite party no.2 has initiated several litigations against the petitioner. In connection with the same, she along with her daughter filed an application under Section 125 Cr.P.C. before the Family Court, Auraiya, which has been registered as Case No. 397 of 2013. The said application has been allowed by the Principal Judge, Family Court, Auraiya vide judgment and order dated 8th January, 2019 and the petitioner has been directed to pay Rs. 5,000/- per month to his wife i.e. opposite party no.2, namely, Subodhi @ Saloni and Rs. 7,000/- per month to his daughter, namely, Kumari Riya till the date of her majority as maintenance allowance. Thereafter the opposite party no.2 along with his daughter instituted Misc. Case Nos. 130 of 2018, 107 of 2019 and 83 of 2019 (Subodhani @ Saloni & Another Vs. Sukant @ Rakesh Kumar) under Section 125 (3) Cr.P.C. in the Court tof Principal Judge, Family Court, Auraiya. After notice being received, petitioner also filed his objection under Section 125 (4) Cr.P.C. in the aforesaid execution cases but the same has been rejected by the Principal Judge vide order dated 19th September, 2019 and on the next date i.e. 20th September, 2019 has straight-way issued Non-Bailable Warrant directing the petitioner to send him in jail. It is against this order that the present petition has been filed.

8. Learned counsel for the petitioner submits that the impugned order passed by the Principal Judge, Family Court, Auraiya dated 20th September, 2019 is wholly illegal as he has no jurisdiction to issue non-bailable warrant against the petitioner under Section 125 (3) Cr.P.C. for execution of his order awarding maintenance allowance to opposite party no.2 and his daughter Section 125 (3) Cr.P.C. specifically provides for issuance of a warrant for levying the amount issued in the manner provided for levying fines. Learned counsel for the petitioner has referred to Section 421 Cr.P.C., which enacts the provisions regarding issuance of warrant for levying of fine. Learned counsel for the petitioner further submits that when a specific procedure has been provided for execution of the order of maintenance of Family Court, the issuance of Non-Bailable Warrant by the Principal Judge, Family Court against the petitioner is illegal and