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2025 DAILYLAW 101277 (ALL)

SUMAN RAJAK v. STATE OF U.P. AND ANOTHER

NA529/3629/2025 · 2025-10-05

Avnish Saxena

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 3629 of 2025 Court No. - 83 HON'BLE AVNISH SAXENA, J. 1. Heard Ms. Bharti Mishra, learned counsel for the applicant and learned A.G.A. for the State. 2. Learned counsel for the applicant submits that the application under Section 529 B.N.S.S. has been moved by the wife against her husband, claiming the maintenance awarded by the family court under Section 125 Cr.P.C. on 04.01.2025. The applicant has filed an application for execution under Section 147 Bharatiya Nagarik Suraksha Sanhita, 2023. She further shows the order sheet dated 04.06.2025 of the court concerned, wherein it is mentioned that the service on opposite party no.2 is sufficient. She further submits that on 4th June, 2025, the court has fixed 2nd September, 2025 and thereafter for 24th November, 2025. She further submits that the wife is unemployed and dependant on parents. She therefore submits that the innocuous prayer of the applicant is to expedite the disposal of the application moved under Section 147 Bharatiya Nagarik Suraksha Sanhita, 2023. 3. Learned A.G.A. accepts notice for the State. 4. There is no requirement of issuance of notice to opposite party no.2, as the speedy disposal of the case is intrinsic right of the applicant. 5. Considering that the order of maintenance under Section 125 Cr.P.C. has been passed by the family court on 04.01.2025. Despite recording of the sufficiency of service on opposite party no.2, the order has not been Versus Counsel for Applicant(s) : Bharti Mishra Counsel for Opposite Party(s) : G.A. Suman Rajak .....Applicant(s) State of U.P. and Another .....Opposite Party(s) complied so far. As such, it is necessary to issue direction for expedite disposal of the application under Section 147 B.N.S.S., Police Station Khutahan, District Jaunpur recorded as Case No.212 of 2025 (Suman Rajak Vs. Rahul Rajak). The case therefore, be expedited. 6. The application is accordingly disposed of. October 6, 2025 Shivangi NA529 No. 3629 of 2025 2 (Avnish Saxena,J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad