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2025 DAILYLAW 69157 (ALL)

YOGENDRA RAM v. STATE OF U.P. AND ANOTHER

NA528/22728/2025 · 2025-07-14

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:113961 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 22728 of 2025 Applicant :- Yogendra Ram Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Yadav Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Prashan Singh Som, Advocate holding brief of Sri Suresh Yadav, learned counsel for the applicant and Sri Karunakar Singh, learned A.G.A. the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 07.05.2025 passed by Principal Judge, Family Court, Ghazipur in Misc. Case No. 188 of 2024 arising out of an application under Section 126(2) of Cr.P.C., which has been filed to quash the ex- parte judgment dated 13.03.2025 which has been allowed on cost of Rs. 50,000/-. Learned counsel for the applicant submits that the impugned order has been passed without considering the facts and circumstances of the case and position of law. It is further submitted that the cost which has been imposed is excessive. The marriage of the applicant was solemnized with opposite party no. 2 in the year of 2001 and the application under Section 125 of Cr.P.C. has been filed by the opposite party no. 2 in the year of 2021. Except the imposition of excessive cost, there is no other matter for consideration. In view of the above facts and circumstances, the impugned order dated 07.05.2025 is modified. The applicant is directed to pay Rs. 15,000/- as costs to the opposite party no. 2 within fifteen days from today. With the aforesaid direction, the present application is, accordingly, disposed off. Order Date :- 15.7.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad