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2026 DAILYLAW 3357 (ALL)

ANU RASTOGI AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/2263/2026 · 2026-05-05

Prashant Mishra I

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 2263 of 2026 Court No. - 84 HON'BLE PRASHANT MISHRA-I, J. Heard learned counsel for the applicants and learned A.G.A. for the State and perused the record. The instant application has been preferred by the applicants with a prayer to direct the learned Additional Principal Judge Family Court No.1 Ghaziabad to recover the maintenance amount in compliance of recovery warrant through Collector/District Magistrate, Ghaziabad so that applicants may be able to get the maintenance amount in compliance of order dated 02.03.2012 and 17-10-2024 passed in Misc. Case No.239/2019, 240/2019, 241/2019, 242/2019, 243/2019, 244/2019, 245/2019 and 246/2019 (Smt. Annu Rastogi and another vs. Sri Gaurav Rastogi) U/s 125 (3) Cr.P.C. arising out of Maintenance case No.76 of 2011 U/s 125 Cr.P.C. at Police within a Station- Sahibabad, District- Ghaziabad stipulated period as fixed by this Hon'ble court so that justice may be done with the applicants. Learned counsel for the applicants apprised this Court that order of maintenance was passed in favour of the applicants on 02.03.2012. The recovery proceedings were initiated on 30.04.2012 and till date only an amount of Rs. 60,000/- has been paid to the applicants. The remaining corpus of amount of maintenance is still unpaid. He submitted that present case is pending since long and the case has not culminated to its logical conclusion. Learned A.G.A. has no objection if the matter be expedited in the interest Versus Counsel for Applicant(s) : Birendra Singh Khokher Counsel for Opposite Party(s) : G.A. Anu Rastogi And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) of justice. Keeping in view the period of pendency of the case, it is directed that the learned trial court shall make all endeavour to decide this case expeditiously preferably within a period of two months from the date of production of certified copy of this order, if there is no legal hurdle, without permitting undue adjournments to either sides. With this direction, this application is disposed of without issuing any notice to O.P. No. 2 as it is an innocuous order. If the O.P. No. 2 feels aggrieved, the same may approach this Court. May 6, 2026 Saurabh NA529 No. 2263 of 2026 2 (Prashant Mishra-I,J.) Digitally signed by :- SAURABH High Court of Judicature at Allahabad