Neutral Citation No. - 2025:AHC-LKO:1722 Court No. - 12 Case :- APPLICATION U/S 482 No. - 11982 of 2024 Applicant :- Sanjay Barnwal Alias Guddu Alia Sanjay Modi Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Vyomesh Chandra Shukla,Raghvendra Tewari Counsel for Opposite Party :- G.A. Hon'ble Saurabh Lavania,J. 1. Heard learned counsel for the applicant, learned A.G.A. and perused the material available on record. 2. The present application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed for the following main relief:- "For the facts, circumstances and reasons stated in the accompanying affidavit it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside the impugned ex-party order dated 09.05.2024 passed in Criminal Case No.1097 of 2023 (Diksha Kumari Versus Sanjay Barnwal) passed by Addl. Principal Judge. Court No.05, Family Court, Lucknow as contained Annexure No.1 and recovery warrant dated 30.11.2024 contained as Annexure No.7 in the accompanying affidavit passed in Miscellaneous Case No. 1621 of 2024 (Diksha Kumari Versus Sanjay Barnwal) in pursuance ex-party order dated 09.05.2024. It is further prayed that during the pendency of the present petition under section 482 Cr.P.C this Hon'ble Court may be pleased to stay the operation and implementation of the impugned ex-party order dated 09.05.2024 and consequential order dated 30.11.2024 by which a recovery warrant was issued against the applicant, otherwise the applicant will suffer loss and injuries which can not be compensated in any manner." 3. He says that the present petition be disposed of without interfering in the impugned order dated 09.05.2022 with direction to the court concerned to decide pending application dated 29.06.2024 preferred by the applicant under Section 126(2) Cr.P.C. 4. Learned A.G.A. has no objection to the aforesaid prayer. 5. Accordingly, the present application is disposed of, without interfering the impugned order, with direction to the court concerned namely Additional Principal Judge, Court No.5, Family Court, Lucknow to decide the pending application, indicated above, of the applicant most expeditiously, as per law. Order Date :- 9.1.2025 Anand/- Digitally signed by :- ANAND KUMAR SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench