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Neutral Citation No. - 2025:AHC:38213 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8637 of 2025 Applicant :- Madhur Mishra Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Aditya Sharma,Rajneesh Sharma 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. The present application under Section 528 BNSS has been filed with the following prayer:-
"It is, therefore, Most Respectfully prayed that this Hon'ble Court might graciously be pleased to quash the impugned order dated- 19.02.2025 passed by Addl. Principal Judge, Family Court, Court no. - 4, Kanpur Nagar, in Misc. Case no.- 276/2022, (Rinesh Mishra and Another Vs. Madhur Mishra), U/s 125 Cr.P.C. It is further prayed that this Hon'ble Court may graciously be pleased to stay the interim maintenance order dated- 01.08.2024 and further proceeding of Misc. Case no. 276/2022. (Rinesh Mishra and Another Vs. Madhur Mishra), U/s 125 Cr.P.C. pending before Addl. Principal Judge, Family Court, Court no. - 4, Kanpur Nagar and decide the Misc. Application no. 372/2025, (filing no. 322/2025), (Madhur Mishra Vs. Rinesh Misha and Another), U/s 340 Cr.P.C. filed by the applicant before Addl. Principal Judge, Family Court, Court no. - 4, Kanpur Nagar, otherwise the applicant shall suffer irreparable loss and injury."
3. Learned counsel for the applicant submits that opposite party Nos. 2 and 3 have initiated proceedings under Section 125 Cr.P.C. and in those proceedings applicant has filed an application under Section 340 Cr.P.C. on 18.02.2025 vide case no. 372 of 2025 but no progress has been made in said the proceedings so far and thus, a direction may be made to the Family court concerned to decide the aforesaid application filed by the applicant under Section 340 Cr.P.C. within specific time frame.
4. In view of aforesaid, the Family court concerned is directed to
expedite the proceedings of the aforesaid application filed by the applicant under Section 340 Cr.P.C. and to decide the same as early as possible, preferably within a period of nine months from the date of production of copy of this order before the court concerned, provided there is no legal impediment.
5. The application under Section 528 BNSS is disposed of accordingly. Order Date :- 18.3.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad