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2025 DAILYLAW 28787 (ALL)

MANISH JAISWAL S/O RAJKUMAR AND 2 OTHERS v. STATE OF U.P. THROUGH ITS SECRETARY HOME DEPARTMENT U.P. AND 3 OTHERS

NA528/8096/2025 · 2025-05-04

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71054 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8096 of 2025 Applicant :- Manish Jaiswal S/O Rajkumar And 2 Others Opposite Party :- State Of U.P. Through Its Secretary Home Department U.P. And 3 Others Counsel for Applicant :- Mohd. Shahanshah Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed seeking following relief:- "It is therefore most respectfully prayed that this Hon'ble High Court kindly may pleased to quash the Attachment Order dated 20.04.2023 (Annexure No.5) passed by the Principal Judge, Family Court, Mirzapur in Case No. 86 of 2021, U/S 125(3) of Cr.P.C., P.S.-Madihan, District-Mirzapur, Inre Kusum...vs...Vijender Kumar, regarding the arazi no.534 situated at Vill-Patewar, Tehsil-Marihan, District-Mirzapur and all further proceeding consequent thereto. It is further prayed that the Hon'ble High Court Kindly may please to stay the proceeding of Case No. 86 of 2021, U/S 125(3) of Cr.P.C., P.S.-Madihan, District-Mirzapur, Inre Kusum vs. Vijender Kumar, regarding the arazi no.534 situated at Vill-Patewar, Tehsil-Marihan, District-Mirzapur during the pendency of the application before this Hon'ble High Court. And/or pass such other and further order as this Hon'ble High Court may deem fit and proper under the fact and circumstances of the case so as to meet the ends of justice." 3. After arguing at some length, learned counsel for the applicants submits that the prayer as made above is not being pressed and applicants may be permitted to move their objections against the impugned order dated 20.04.2023 before the Family court concerned and a direction may be made to the Family court concerned to decide the said objections expeditiously in accordance with law. 4. In view of aforesaid, it is directed that in case applicants file their objections against the impugned order dated 20.04.2023 before the Family court concerned within a period of three weeks from today, the same shall be considered and decided by the Family court concerned expeditiously in accordance with law. 5. The application under Section 528 BNSS is disposed of in above terms. Order Date :- 5.5.2025/Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad