Neutral Citation No. - 2025:AHC:133129 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 28443 of 2025 Applicant :- Monika Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashok Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Sanjay Kumar Pachori,J. 1. Shri Ashok Kumar Singh, learned counsel for the applicant and Shri B.N. Upadhyay, learned A.G.A. for the State are present. 2. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the order dated 17.7.2025 passed by Principal Judge, Family Court, Bhadohi at Gyanpur in Maintenance Case No. 156 of 2024, arising out of an application under Section 125, Cr.P.C., whereby the Family Court closed the opportunity to adduce evidence to the applicant. 3. 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 an application has been filed by the applicant to proceed the case ex-parte against the Private-Opposite Party No. 2 and issued a direction to pay interim maintenance, which has been rejected by the impugned order. It is further submitted that the opportunity to lead evidence has also been closed. 4. It is further submitted that an application under Section 125, Cr.P.C. has been filed on 23.4.2024 and order for interim maintenance has been passed on 28.11.2024. Thereafter, the case has been fixed for evidence of the applicant. The order is completely abuse of process of law. 5. There is no other point for consideration in a summary case except the opportunity to the applicant to lead evidence. Due to this reason, opportunity to file counter affidavit by opposite party No. 2 is dispensed with. 2 6. In Dr. Rajesh Talwar and another Vs. C.B.I. and another, (2014) 1 SCC 628, the Supreme Court considered the issue of fair trial observing in Para 10, which is as under:- “…..Since the object of the trial is to mete out justice …..., the trial should be a search for the truth and not a bout over technicalities and must be conducted under such rules as will protect the innocent and punish the guilty. Justice should not only be done but should be seem to have been done…...” 7. In view of the above facts and circumstances and keeping in mind the settled position of law, present application is allowed and the order dated 17.7.2025 is quashed. The applicant is directed to lead evidence within four week from today in the Family Court. Order Date :- 6.8.2025 T. Sinha Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad