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2025 DAILYLAW 33952 (ALL)

BRIJKISHOR v. STATE OF U.P. AND 3 OTHERS

NA529/587/2025 · 2025-04-30

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69162 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 587 of 2025 Applicant :- Brijkishor Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Krishna Kanhaiya Soni Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide the restitution application no. 605 of 2022 under Section 126 (2) Cr.P.C. in Case No. 327 of 2012 under Section 125 CrPC, Police Station- Nagphani, District- Moradabad pending in the Court of learned Principal Judge, Family Court, Moradabad expeditiously within stipulated period. 2. Heard learned counsel for the applicant as well as learned A.G.A. for the State. 3. It is submitted by the learned counsel for the applicant that earlier an order was passed by the learned trial Court on 22.01.2018 against the applicant then the applicant filed an application under Section 126 (2) Cr.P.C., which is still pending without any order. 4. I have considered the submissions and perused the record. 5. Learned counsel for the applicant admitted before this Court that no maintenance amount has been paid so far by him to opposite party nos. 2, 3 and 4. 6. Since the compliance of the order dated 22.1.2018 has not made by the applicant so far, there is no justification to pass any direction for expeditious disposal of the application under Section 126 (2) Cr.P.C. 7. In view of the above, the application stands disposed of. Order Date :- 1.5.2025 Fhd Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad Digitally signed by :- FAHAD NIYAZ High Court of Judicature at Allahabad