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2025 DAILYLAW 193354 (ALL)

CHANDRALATA ALIAS BINDU DEVI v. STATE OF U.P. AND ANOTHER

NA529/628/2025 · 2025-10-13

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 628 of 2025 Court No. - 87 HON'BLE ANIL KUMAR-X, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. Learned counsel for the applicant has submitted that a maintenance case bearing Case No.316 of 2018 (Chandralata @ Bindu Devi vs. Arun Kumar) was filed by her and it was decided ex-parte in favour of the applicant. Thereafter, another application under Section 128 Cr.P.C. bearing Case No.218 of 2021 was filed by the applicant, but till now no progress has been made in the said case and the applicant has not received any maintenance amount. Learned counsel, therefore, prays that a direction be issued to the learned trial court to take all appropriate steps including the coercive measures in order to recover the amount of maintenance from the respondent no.2. 3. Considering the fact that an application under Section 128 Cr.P.C. is still pending before the court, the concerned trial court is directed to decide the aforesaid case in a manner so that the maintenance amount awarded in favour of the applicant can be recovered from the respondent no.2. All endeavour shall be made by the trial court to decide the case expeditiously and preferably within a period of six months Versus Counsel for Applicant(s) : Ashok Kumar Rai Counsel for Opposite Party(s) : G.A. Chandralata Alias Bindu Devi .....Applicant(s) State of U.P. and Another .....Opposite Party(s) from the date of production of a certified copy of this order, provided there is no legal impediment. 4. The application under Section 529 B.N.S.S. is disposed of accordingly. October 14, 2025 SK NA529 No. 628 of 2025 2 (Anil Kumar-X,J.) Digitally signed by :- SUSHEEL KUMAR High Court of Judicature at Allahabad