PRATIPAL @ PRADEEP KUMAR v. STATE OF U.P. AND 3 OTHERS
NA528/11447/2025 · 2025-04-07
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35044 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35044 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50363 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11447 of 2025 Applicant :- Pratipal @ Pradeep Kumar Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Virendra Singh 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 allow this application and quash the impugned order dated 02.11.2022 passed by Principal Judge, Family Court, Rampur in Misc. Case No.151/2020, (Pratipal Vs. Smt. Veerwati) under Section 126(2) Cr.P.C., P.S.-Patwai, District- Rampur, whereby the application filed on behalf of the applicant to set aside the order dated 02.08.2017 under Section 126(2) Cr.P.C. has been rejected in the absence of the applicant along with recovery warrant/non-bailable warrant dated 02.12.2023, passed by Principal Judge, Family Court, Rampur in Criminal Misc. Case No.715 of 2019 (Smt. Veerwati Vs. Pratipal), under Section 125(3) Cr.P.C., P.S.- Patwai, District- Rampur, pending in the court of Principal Judge, Family Court, Rampur."
3. After arguing at some length, learned counsel for the applicant submitted that the prayer as made above is not being pressed and that Family Court may be directed to enable the applicant to deposit the arrears of maintenance in installments.
4. In view of aforesaid, it is directed that in case applicant moves an application before the Family Court concerned within a period of two weeks from today, to pay/deposit the arrears of maintenance in installments, the same shall be considered and decided expeditiously in accordance with law by the Family Court concerned.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 8.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad