Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:89923 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14460 of 2025 Applicant :- Ashish Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Saurabh Kumar Pandey 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. This application u/s 528 BNSS has been filed with the following prayer :-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the order dated 20.12.2024 passed by Principal Judge, Family Court, Kanpur Nagar in Case No. 1488 of 2024, under Section 125(3) CrPC, P.S.- Kalyanpur, District- Kanpur Nagar.
3. After arguing at some length, learned counsel for the applicant submitted that the prayer made above is not being pressed and that applicant has filed an application under Section 126(2) CrPC on 05.02.2024 for recall of ex parte judgement but that application has not been decided so far and therefore, a direction may be made to the Family Court concerned to decide the said application expeditiously and recovery proceedings may be stayed till then.
4. In view of aforesaid, the Family Court concerned is hereby directed to expedite the proceedings of application filed by the applicant under Section 126(2) CrPC (Case No. 368 of 2024) [Ashish Mishra v. Smt. Neha Tripathi] and to decide the same as early as possible, preferably within a period of four months from today. However, the recovery proceedings may go on.
5. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 26.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad