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2025 DAILYLAW 104034 (ALL)

VIKRANT VARSHNEY v. State of U.P. AND ANOTHER

A482/34332/2024 · 2025-04-27

Prashant Kumar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:65652 Court No. - 87 Case :- APPLICATION U/S 482 No. - 34332 of 2024 Applicant :- Vikrant Varshney Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satyam Narayan Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard learned counsel for the applicant and the learned A.G.A. for the State. 2. The only prayer made in the instant application is to expedite the Application under Section 126(2) Cr.P.C. filed by the applicant in Case No. 107 of 2023 (Smt. Gunjan Varshney Vs. Vikrant Varshney) under Section 125 Cr.P.C. 3. Learned counsel for the applicant submits that the applicant was informed on 29.11.2023 by the opposite party No.2 regarding a maintenance case being decided against him. Upon inquiry on 07.12.2023 at the District Court, Hathras, the applicant learned about the order passed on 03.05.2024. Consequently, the applicant has filed an application under Section 126(2) Cr.P.C. before the learned Principal Judge, Family Court, Hathras, on 08.07.2024, seeking an opportunity to present his case. 4. Learned A.G.A. for the State submits that the proceedings in the Family Court have been conducted in accordance with the law, and the applicant has had an opportunity to contest the case. There has been no valid reason presented for the interference of this Court at this stage. The learned A.G.A. further submits that the instant application has been filed with the intention of delaying the proceedings, as the applicant has not paid any maintenance amount till date. 5. After considering the submissions of both parties, I am of the view that there is no ground for this Court to interfere with the proceedings or to expedite the recall application at this stage. 6. The instant application lacks merit and is, accordingly, dismissed. Order Date :- 28.4.2025 pks Digitally signed by :- PANKAJ KUMAR SRIVASTAVA High Court of Judicature at Allahabad