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2025 DAILYLAW 67614 (ALL)

SHADAB KHAN v. STATE OF U.P. AND ANOTHER

NA529/1879/2025 · 2025-07-14

Nalin Kumar Srivastava

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113479 Court No. - 83 Case :- APPLICATION U/S 529 BNSS No. - 1879 of 2025 Applicant :- Shadab Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Prakash Counsel for Opposite Party :- G.A. Hon'ble Nalin Kumar Srivastava,J. 1. This application under Section 529 BNSS, 2023 has been filed with a prayer to direct the court concerned to decide the application under Section 91 CrPC and 165 Evidence Act dated 20.12.2024 in Case No. 306 of 2023, under Section 125 CrPC, P.S. Sipri Bazar, DistrictJhansi, pending in the Court of Principal Judge, Family Court, Jhansi, expeditiously within 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 / wife. It is also submitted that the matter is at the stage of recording the evidence but since some forged papers were submitted by the opposite party no.2/ wife, an application was moved by the applicant to summon the concerned Bank Manager to verify the said paper but the trial court is making efforts to decide the application moved by the opposite party no.2/ wife, which was filed for grant of interim maintenance allowance. 4. I have considered the submissions and perused the record. 5. Under Section 125 proviso (3) CrPC a statutory provision has been made for the trial court to dispose of the application for interim maintenance allowance within a period of sixty days from the date of its filing and that is why the trial court is trying to decide the said application first and subsequent thereto the application moved by the present applicant / husband is to be decided. The trial court is not avoiding the disposal of the application moved by the applicant. Hence, the trial court is directed to decide the application moved by the applicant just after the disposal of the application for interim maintenance moved by the opposite party no.2/wife, if he cooperates with the trial court. 6. With the aforesaid observations, the application stands disposed of. Order Date :- 15.7.2025 safi Digitally signed by :- MAHBOOB SAFI High Court of Judicature at Allahabad