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Neutral Citation No. - 2025:AHC:79264 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1238 of 2025 Applicant :- Smt Sandhya Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brij Raj,Shivam Dubey Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 Bhartiya Nagrik Suraksha Sanhita (hereinafter referred to as B.N.S.S.) has been filed with a prayer to direct the learned trial court to decide Execution Case No. 55 of 2022 (Smt. Sandhya Yadav Vs. Rishabh Yadav), under Section 128 Cr.P.C. (147 B.N..S., 2023), Police Station Daraganj, District Prayagraj, pending before the learned Additional Principal Judge, Family Court No. 05, Allahabad expeditiously within a 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 the applicant before this Court is aggrieved wife and an order under Section 125 Cr.P.C. for maintenance was passed in favour of the applicant by the learned Family Court vide order dated 06.08.2021 but however, no maintenance allowance has been received by the applicant and that is why an application under Section 128 Cr.P.C. was moved by the applicant. It is further submitted that the opposite party no. 2 is still absconding and recovery warrant has been issued against him. It is next submitted that the lady applicant is at the verge of starvation because no amount has been paid by husband so far and the applicant is continuously running to the court without reviving any maintenance allowance. 4. Learned A.G.A. opposed the prayer. 5. I have considered the submissions and perused the record. 6. In the facts and circumstances of the case, the learned trial court should be more vigilant for the said recovery warrant and the competent authority should also be directed to execute the said recovery warrant in Execution Case No. 55 of 2022 (Smt. Sandhya
Yadav Vs. Rishabh Yadav), under Section 128 Cr.P.C. (147 B.N..S., 2023), Police Station Daraganj, District Prayagraj, pending before the learned Additional Principal Judge, Family Court No. 05, Allahabad expeditiously. 7.
It is also made clear that the Court/Presiding Officer is not the only stake holder in the trial and disposal of a case, hence, besides the P.O. concerned, all the stake holders i.e. police and execution authorities, advocates, parties to the case, staff are also made bound by this order and it will be their responsibility also to assist the Court in every manner for the expeditious disposal of this case. 8. With the above observations, the application stands disposed of. Order Date :- 14.5.2025 Rmk. Digitally signed by :- RAM MURTI KUSHWAHA High Court of Judicature at Allahabad