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2025 DAILYLAW 80760 (ALL)

DHARMENDRA KUMAR v. STATE OF U.P. AND ANOTHER

NA528/28497/2025 · 2025-08-05

Sanjay Kumar Pachori

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:132645 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 28497 of 2025 Applicant :- Dharmendra Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Ashutosh Srivastava,Nagendra Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. Sri Kumar Ashutosh Srivastava, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the ex-parte judgment order dated 08.07.2025 passed by Principal Judge Family Court, Deoria in Maintenance Case No. 1043 of 2024, arising out of an application under Sections 144 of B.N.S.S. (under Section 125 of Cr.P.C.), whereby maintenance has been awarded against the applicant. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file an appropriate application/ proceedings before the court of competent jurisdiction. Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof. In view of the above, the application is dismissed as not pressed with the aforesaid liberty. Order Date :- 6.8.2025 Ishan Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad