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2025 DAILYLAW 78025 (ALL)

BHOLU KUMAR JAISWAL v. STATE OF U.P. AND ANOTHER

NA528/26316/2025 · 2025-07-23

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:122130 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 26316 of 2025 Applicant :- Bholu Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Mishra Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri M.P.S. Chauhan, Advocate holding brief of Sri Sunil Mishra, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application u/s 528 of BNSS of 2023 has been filed with prayer to modify the order dated 17.05.2025 passed by Additional Principal Judge, Family Court, Court NO. 3, Deoria in Restoration of Maintenance Case No. 1264 of 2024 arising out of an application U/S 145 BNSS [126 (2) of IPC], whereby the Family Court allowed the restoration application on a cost of Rs. 55,000/- as well as directed to pay Rs. 5,000/- per month as interim maintenance to private opposite party no. 2. 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 imposed by the Principal Judge, is excessive and the interim maintenance order has been passed without any jurisdiction, which is abuse of the process of law. There is no other point for consideration except the imposing of highly excessive cost, which is not in category of cost. All the documents are on record and nothing is required to be decided in the present application. In view of keeping the facts and circumstances of the case, the opportunity to file a counter affidavit to the private opposite party no. 2 is dispensed with. The order dated 17.05.2025 is modified to the extent of payment of Rs. 15,000/- payable within two weeks from today. With the aforesaid direction, the present application is accordingly, disposed off. Order Date :- 24.7.2025 MAA/- Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad Digitally signed by :- MOHAMMAD AZAD ANSARI High Court of Judicature at Allahabad