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2025 DAILYLAW 10278 (ALL)

BALRAM v. STATE OF U.P. AND 3 OTHERS

A482/3079/2025 · 2025-04-28

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66753 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3079 of 2025 Applicant :- Balram Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Sanjay Kumar Shukla,Santosh Kumar Shukla Counsel for Opposite Party :- G.A.,Jainendra Kumar Mishra Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, Sri Jainendra Kumar Mishra, learned counsel for opposite party No. 3 and learned A.G.A. for the State. 2. The present application under Section 482 Cr.P.C. has been filed with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow the instant criminal Misc. Application (under section 482 Cr.P.C.) by directing the opposite party No. 2 & 3 to defreeze the pension account of the applicant and permit him to operate his pension account no. 0774000300220164 to the Punjab National Bank, Branch Muradnagar, Ghaziabad and Hon'ble court may further be pleased to issue direction upon the Principal Judge, Family court Baghpat to take final decision in pursuance of the application dated 10.05.2024 filed in case No. 5 of 2016, (Smt. Beena Yadav Vs Balram Yadav), Under section 128 of Cr.P.C., during the pendency of present application (under section 482 Cr.P.C.) and or to pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case, otherwise the applicant shall suffer irreparable loss and injuries." 3. It is submitted by learned counsel for the applicant that in proceedings under Section 128 Cr.P.C. the entire arrears of maintenance have been recovered but the pension account of applicant is lying attached and due to that reason applicant is unable to operate the said account. It is further submitted that in that regard applicant has filed an application dated 10.05.2024 before the Family court concerned but the said application has not been decided so far and that due to attachment of pension account of applicant, he is facing financial hardship and thus, a direction may be made to the Family court concerned to decide the application of the applicant within specific time frame. 4. Learned counsel for opposite party No. 3 has not opposed the application. 5. In view of aforesaid, the Family court concerned is directed to decide the application dated 10.05.2024 filed by the applicant, as early as possible, preferably within a period of two months from the date of production of copy of this order before the court concerned, provided there is no legal impediment. 6. The application under Section 482 Cr.P.C. is disposed of accordingly. Order Date :- 29.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad