Neutral Citation No. - 2025:AHC:86207 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 15925 of 2025 Applicant :- Ambrish Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Ojha Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned AGA for the State. 2. This application u/s 528 B.N.S.S. has been filed with the following prayer : "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow this application and direct the learned Court below i.e. Principal Judge, Family Court, Azamgarh not to pass any order in Case No. 37 of 2025 (Ayush Dubey v. Ambrish Dubey), Under Section 144 of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023, and stay the further proceedings of Case No. 37 of 2025 (Ayush Dubey v. Ambrish Dubey), Under Section 144 of Bhartiya Nagarik Suraksha Sanhita (B.N.S.S.), 2023, pending in the Court of learned Principal Judge Family Court, Azamgarh till the disposal of the litigations filed by the mother of opposite party no.2, otherwise the applicant shall suffer an irreparable loss and injury, and/or to pass such other further order or direction which this Hon'ble Court may deem fit and proper in the circumstances of the case." 3. Perusal of record shows that the opposite party no.2 has filed a case under Section 144 BNSS through guardian/ mother seeking maintenance. It appears that some other cases were also filed by the wife of applicant. No such direction can be made to the Family Court that it shall not pass an order in above-referred case under Section 144 BNSS. Similarly, the proceedings of said case under Section 144 BNSS cannot be stayed till disposal of the litigations initiated by the wife of applicant. In fact, no such prayer, as sought by applicant, can be granted by this Court under Section 528 BNSS. The application under Section 528 B.N.S.S. is misconceived and thus, liable to be dismissed. 4. Accordingly, the application under Section 528 B.N.S.S. is hereby dismissed. Order Date :- 20.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad