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2025 DAILYLAW 40964 (ALL)

SMT. ABIDA BEGUM AND ANOTHER v. STATE OF U.P. AND 3 OTHERS

NA528/12343/2025 · 2025-04-14

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54541 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12343 of 2025 Applicant :- Smt. Abida Begum And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Mohd. Naim Siddiqui,Rizwan Ullah Siddiqui Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed with the following prayer:- "It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to direct the Opp. Party No. 2 to pay Rs. 4000/- per month to the applicant no. 1 and Rs. 4000/- per month to the applicant no. 2 in compliance of the ex-parte judgment and order dated 25.04.2024 passed by the Additional Principal Judge, Family Court No. 3, Allahabad in Maintenance Case No. 271 of 2023 (Smt. Abida Begum and Another v. Mohd. Irshad), under Section 125 Cr.P.C. It is further prayed that this Hon'ble Court may graciously be pleased to direct the Opp. Party No.3 and 4 to produce the Opp. Party No. 2 before the Additional Principal Judge, Family Court No. 3, Allahabad in Ijra Case No. 94 of 2024, (Smt. Abida Begum and Another v. Mohd. Irshad), under Section 128 Cr.P.C., during the pendency of the present application under section 528 of B.N.S.S., otherwise the applicants will suffer irreparable loss and injury. And/or pass such other and further order may deem fit and proper under the facts and circumstances of the case." 3. After arguing at some length, learned counsel for the applicants submits that he is not pressing the prayer as made above and a direction may be made to the Family Court concerned to expedite the proceedings of Execution Case No. 94 of 2024, under Section 128 Cr.P.C. and to decide the same within specific time frame. 4. In view of aforesaid, the Family court concerned is directed to expedite the proceedings of Execution Case No. 94 of 2024, under Section 128 Cr.P.C. and to decide the same as early as possible, preferably within a period of seven 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 :- 15.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad