Mohammad Shahzad vs State of U.P. - 2026 Supreme(All) 162

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 162

IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD
RAJIV LOCHAN SHUKLA
Mohammad Shahzad – Appellant
Versus
State of U.P. – Respondent

Advocates Appeared:
For the Appellant : Kuldeep Kumar

Judgement Key Points

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JUDGMENT :

RAJIV LOCHAN SHUKLA, J.

1. This application under Section 528 B.N.S.S. has been filed by the applicant for quashing the order dated 25.09.2025 passed by Additional Principal Judge, Family Court, Court No.2, Aligarh in Misc. Case No. 548 of 2024 (Smt. Shajiya Khan & Another vs. Mohammad Shahzad) under Section 128 of the Code of Criminal Procedure (hereinafter referred to as "Cr.P.C.") Police Station - Banna Devi, District Aligarh, whereby the Additional Principal Judge has issued recovery/arrest warrants against the applicant to recover arrears of maintenance against the applicant passed in Maintenance Case No. 1111 of 2017 (Smt. Shajiya Khan & Anr. vs. Mohammad Shahzad) under Section 125 Cr.P.C.

2. Heard Sri Kuldeep Kumar, learned counsel for the applicant, learned A.G.A. for the State and perused the material on record.

3. Learned counsel for the applicant states that pursuant to an order passed against the applicant under Section 125 Cr.P.C., in proceedings under Section 128 Cr.P.C. recovery and arrest warrants have been issued against the applicant. Learned counsel for the applicant, relying upon the decision of the Supreme Court in Rajnesh vs. Neha & Another, (2021) 2 SC