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2025 DAILYLAW 65589 (ALL)

VISHNU SHARMA v. STATE OF U.P. AND ANOTHER

NA529/1755/2025 · 2025-07-07

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:107415 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1755 of 2025 Applicant :- Vishnu Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS has been filed with a prayer to direct the court concerned to decide case No. 2324 of 2024 under Section 145(2) of BNSS, P.S. Etmaddaula, District Agra pending in the Court of Principal Judge, Family Court, Agra, expeditiously within the 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 is the husband of opposite party no.2. Due to some dispute, the opposite party no.2/ wife left her matrimonial house and an application under Section 125 CrPC was moved by her to get the maintenance from the applicant. When the applicant did not participate in the said proceeding, the Court concerned proceeded to hear the matter ex-parte and an ex-parte judgment was passed against the applicant / husband under Section 125 CrPC and he was directed to pay Rs. 5,000/- per month as maintenance allowance to the opposite party no.2/wife. It is also submitted that the aforesaid application under Section 145(2) of BNSS has been filed by the applicant to recall the said order which is pending for disposal. It is also submitted that the Court concerned is not interested to decide the said application. 4. I have considered the submissions and perused the entire record. 5. It reveals from the perusal of the record that the aforesaid application under Section 145(2) of BNSS is pending for disposal. In the circumstances, the Court concerned is directed to dispose of the aforesaid application in accordance with law after giving proper notice to the opposite party no.2 / wife as early as possible and thereafter shall make all endeavours for the expeditious disposal of the case, preferably within a period of six months, taking into consideration of the fact that no maintenance allowance has been paid by the applicant to the opposite party no.2, if there is no legal impediment. 6. With the above observations, the application stands disposed of. Order Date :- 8.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad