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2025 DAILYLAW 61426 (ALL)

RAHUL RATHI v. STATE OF U.P. AND 2 OTHERS

NA528/18258/2025 · 2025-07-17

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:116570 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 18258 of 2025 Applicant :- Rahul Rathi Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Shri Diwakar Tiwari, Advocate pointed out that he has filed Vakalatnama on behalf of the opposite party No. 2 in the Registry on 17.7.2025, which is not on the record. Office is directed to trace out the same and place it on record. Heard Shri Amar Jeet Upadhyay, learned counsel for the applicant, Shri Alok Mishra, learned A.G.A. for the State and Shri Diwakar Tiwari, learned counsel for the opposite party No. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the order dated 21.10.2024 as well as order dated 22.4.2025 passed by Additional Principal Judge, Family Court No. 1, Meerut in Maintenance Case No. 497 of 2022 arising out of an application under Section 125, Cr.P.C., whereby the Family Judge proceeded the case against the applicant as ex-parte and an application, which has been filed to recall the order dated 21.10.2024, has been dismissed for want of prosecution. Learned counsel for the applicant fairly admits that an application to recall the order dated 21.10.2024 has been dismissed for want of prosecution by the Additional Principal Judge, Family court No. 1, Meerut. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the orders to the learned counsel for the applicant, after retaining a xerox of the same. Order Date :- 18.7.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad