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2025 DAILYLAW 32966 (ALL)

RUKHSAR v. STATE OF U.P.

NA528/14651/2025 · 2025-04-28

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66809 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14651 of 2025 Applicant :- Rukhsar Opposite Party :- State of U.P. Counsel for Applicant :- Pankaj Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. By means of the present application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS), the applicant has sought for a suitable direction to the Principal Judge, Family Court, Auraiya to expedite the proceedings of Misc. Case No. 266 of 2024 filed in Case No. 430 of 2018 (Rukhsar Vs. Sajid Khan), under Section - 125(3) Cr.P.C., Police Station - Bela, District - Auraiya, and to decide the same within time stipulated by this Court, which is pending before the aforesaid court. 3. It is submitted by learned counsel for the applicant that applicant has filed the aforesaid case under Section - 128 Cr.P.C. on 15.04.2024 for recovery of maintenance but no substantial progress has been made so far and applicant is facing financial hardship. Learned counsel further submits that a direction may be issued to the concerned court to decide the aforesaid case within specific time frame. 4. In view of aforesaid, the Family Court concerned is directed to expedite the proceedings of the aforesaid case and to decide the same as early as possible, preferably within a period of six 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 :- 29.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad