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2025 DAILYLAW 77130 (ALL)

SACHIN BALIYAN v. STATE OF U.P. AND 3 OTHERS

A227/7712/2025 · 2025-07-30

Nand Prabha Shukla

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:127916 Court No. - 85 Case :- MATTERS UNDER ARTICLE 227 No. - 7712 of 2025 Petitioner :- Sachin Baliyan Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Kr. Srivastava Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with a prayer to direct the learned Additional Principal, Family Court No.2, Muzaffar Nagar to expedite and conclude the proceeding of Restoration Application U/s 145 of B.N.S.S. dated 28.5.2025 [Misc. Case No.804 of 2025] filed for recalling the order dated 30.4.2025 dismissing the petitioner's Misc. Case No.599 of 2024 under Section 126(2) of Cr.P.C. arising out of the ex parte order dated 09.08.2023 in awarding maintenance under Section 125 of Cr.P.C. in accordance with law within some stipulated period to be specified by this Hon'ble Court in this interest of justice. In the meantime, the recovery against the petitioner in pursuance to the ex parte order dated 9.8.2023 awarding maintenance under Section 125 of Cr.P.C. may also be kept in abeyance. It is submitted by learned counsel for the petitioner that the matter is pending consideration before the court concerned. Expeditious disposal of a case is the right of every litigant and it is expected from every Court to endeavour to dispose of a case pending before it, expeditiously. Learned A.G.A. has no objection in this regard. Considering the facts and circumstances of the case and submission made by learned counsel for petitioner, it is expedient to direct the court concerned to make its endeavour to decide the case as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. With the aforesaid directions, the petition stands disposed of finally. Order Date :- 31.7.2025 Puspendra Digitally signed by :- PUSPENDRA NARAYAN SINGH High Court of Judicature at Allahabad