VIRESHWAR NAGAR ALIAS VISHESHWAR NAGAR ALIAS VIJENDRA NAGAR v. STATE OF U.P. AND ANOTHER
NA529/1262/2025 · 2025-05-19
Nalin Kumar Srivastava
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54088 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54088 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:84348 Court No. - 80 Case :- APPLICATION U/S 529 BNSS No. - 1262 of 2025 Applicant :- Vireshwar Nagar Alias Visheshwar Nagar Alias Vijendra Nagar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tarun Kumar Sharma,Yatindra Singh Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J.
1. This application under Section 529 BNSS has been filed on behalf of the applicant to direct the Principal Judge Family Court, Bulandshahr, to conclude the Misc Case No.934 of 2023 (Vireshwar Nagar alias Visheshwar Nagar alias Vijendra Nagar Vs. Smt. Shushila Mavi alias Shashi Mavi), u/s 340 read with 195 Cr.P.C., Police Station- Sikandrabad, District- Bulandshahar.
2. Heard learned counsel for the applicant as well as learned A.G.A. for the State.
3. This is an application seeking direction for Principal Judge Family Court, Bulandshahr, for expeditious disposal of the aforesaid case.
4. It is submitted by the learned counsel for the applicant that application under Section 340 read with Section 195 Cr.P.C. was moved in the year 2023 but the said application/miscellaneous case is still pending although opposite party no. 2 has appeared in the said proceedings but she is not cooperating with the trial court resulting into unnecessary pendency of the said case.
5. Learned AGA opposed the prayer.
6. I have considered the submissions and perused the record.
7. On a query made by this Court it was fairly conceded by the
learned counsel for the applicant that the application under Section 125 Cr.P.C. is pending since the year 2019 and it has been not decided yet. However, he is unable to apprise this Court whether any maintenance allowance was paid by the husband i.e. the applicant to opposite party no. 2 i.e. the wife. It appears from the perusal of the record that the present applicant is not cooperating
with the Court in the proceedings under Section 125 Cr.P.C. and in these circumstances, I do not find any good ground to issue any direction to the trial court to decide the application under Section 340 read with 195 Cr.P.C. giving it priority upon the case under Section 125 Cr.P.C. There is no justification to the aforesaid query on issuance of direction to the trial court for the expeditious disposal of the instant case wherein the relief has been sought.
8. With the above observations, the application stands disposed of.
Order Date :- 20.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad