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2025 DAILYLAW 22658 (ALL)

MOHAMMAD IMRAN v. STATE OF U.P. AND ANOTHER

NA528/7403/2025 · 2025-05-25

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:88819 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 7403 of 2025 Applicant :- Mohammad Imran Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Verma 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 relief:- "It is therefore, Most respectfully prayed that this Hon'ble court may graciously be pleased to quash the order dated 21.10.2024, passed by Additional Principal judge family court No.3 Kanpur Nagar in case No. 309/2023 under section 126(2) cr.p.c. pending before Principal Judge family court Kanpur Nagar.” It is further prayed that this Hon'ble court may graciously be pleased to stay the entire further proceeding in case No. 309/2023 under section 126(2) cr.p.c. (pending before Principal Judge family court Kanpur Nagar." 3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that in pursuance to order dated 21.10.2024 applicant has already deposited an amount of Rs. 10,500/- but he is not in a position to deposit the remaining amount and thus a direction may be made to the Family Court concerned to permit the applicant to deposit arrears of maintenance, accrued in pursuance of order dated 21.10.2024, in reasonable installments. 4. In view of aforesaid, it is directed that in case applicant files an application before the Family Court concerned within a period of three weeks from today, with prayer to deposit the arrears of maintenance, accrued to in pursuance of order dated 21.10.2024, in installments, the same shall be considered and decided expeditiously in accordance with law. For a period of three weeks from today or till the applicant files above referred application, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 5. The application u/s 528 BNSS is disposed of with aforesaid observation. Order Date :- 26.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad