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2025 DAILYLAW 22463 (ALL)

SMT. ARCHANA SONI v. STATE OF U.P. AND ANOTHER

NA528/6308/2025 · 2025-05-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83087 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 6308 of 2025 Applicant :- Smt. Archana Soni Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Manohar Mishra,Smt. Ushma Mishra Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to direct the court of Additional Principal Family Judge, Court No. 2, Allahabad to recover the maintenance amount from opposite party no. 2 in compliance of the judgment and order dated 08.01.2024, passed in Criminal Misc. Cases 734 of 2021 (Maintenance Case No. 665 of 2021) (Smt. Archana Soni Versus Amarjeet Soni), under section 125 Cr.P.C., Police Station Kydganj, District Allahabad, or pass any other suitable and proper order which this Hon'ble Court may deem fit and proper, in the circumstances of the case." 3. Perusal of record shows that the applicant was granted maintenance by the Additional Principal Judge, Court No.2, Allahabad vide judgment and order dated 08.01.2024. Learned counsel for the applicant is seeking execution of said judgment and order dated 08.01.2024. 4. In view of aforesaid, it is directed that in case an application has been filed by applicant under Section 125(3) Cr.P.C. or 128 Cr.P.C. or under appropriate Section of BNSS for recovery of arrears of maintenance, the same shall be considered and decided expeditiously in accordance with law by the court concerned. 5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 19.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad