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Neutral Citation No. - 2025:AHC:4308 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 469 of 2025 Applicant :- Sanyam Jain Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Srivastava,Manas Tripathi Counsel for Opposite Party :- G.A. Hon'ble Dinesh Pathak,J.
1. Heard learned counsel for the applicant, learned AGA for the State and perused the records.
2. The instant application under Section 528 BNSS has been filed by the applicant beseeching expeditious disposal of Misc. Case No.31 of 2014 (Sanyam Jain v. Smt. Ayushi Jain), under Sections 125(4), 340 CrPC and 144(4), 379 of BNSS, P.S.- Baraut, District- Baghpat, pending in the court of Principal Judge, Family Court, Baghpat, UP.
3. During pendency of the maintenance application under Section 125 CrPC, present applicant (husband) has moved an application under Section 125(4) read with Section 340 CrPC against respondent no.2 (wife). It is next submitted that aforesaid application is pending since 09.08.2024 and normal dates are being fixed in the matter. It is next submitted that the application under Section 340 CrPC has to be decided first before deciding the original proceeding under Section 125 CrPC.
4. Learned AGA for the State states that he has no objection, in case, a direction is issued to the authority concerned to decide the aforesaid case, expeditiously.
5. Having considered the submissions advanced by learned counsel for the applicant, this Court is of the view that no useful purpose would be served to keep the instant application pending, therefore, this Court deems it appropriate to decide the same finally, without entering into the merits of the case, as mentioned in the instant application, with a direction that learned court concerned, before whom the case is pending consideration, shall decide the same strictly in accordance with law, after affording an opportunity of hearing to the parties concerned and without granting any unnecessary adjournment to either of the parties, as early as possible.
6. With the aforesaid direction/observation, instant application is finally disposed of. Order Date :- 8.1.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad