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2026 DAILYLAW 530 (ALL)

SMT MAMTA DAGAR v. STATE OF U.P. AND ANOTHER

NA528/10683/2026 · 2026-03-17

Nand Prabha Shukla

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 10683 of 2026 Court No. - 76 HON'BLE NAND PRABHA SHUKLA, J. 1. Heard Mr. Abhishek Gupta, learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. The present application has been filed with a prayer to quash the impugned order dated 22.01.2026 passed by Additional Principal Judge, Family Court, Gautam Budh Nagar to the extent that she has been directed to file the bank account of Anuj Dagar (Brother of Applicant) Kotak Mahindra Bank account number 7645198642 or any other accounts through which money has been transferred from Anuj Dagar to the applicant from 26.04.2021 till date and partly allow the Application 99B filed by the opposite party no.2 and also stay the effect and operation of impugned order dated 22.012026 in Case-Ne 29 of 2022. 3. Learned counsel for the applicant submits that the opposite party No. 2 moved an application under Section 91 of the Cr.P.C., calling for the bank statement of account statement of Shapeandyou Company Axis Bank Account No. 92002006452767 as well as Account Statement of Anuj Dagar of Kotak Mahindra Bank Account No. 7645198642 and bank account number of other brothers and father and vide order dated 22.01.2026 passed by learned Additional Principal Judge, Family Court, Gautam Buddha Nagar had ordered the petitioner to file the bank account of Kotak Mahindra Bank, Account number 7645198642 of Anuj Dagar or any other account through which money has been transferred from Anuj Dagar to the petitioner from 26.04.2021 till date. 4. Learned counsel for the applicant submits that the said application under Versus Counsel for Applicant(s) : Abhishek Gupta Counsel for Opposite Party(s) : G.A. Smt Mamta Dagar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Section 91 of the Cr.P.C., has been moved at a belated stage when the arguments have already been completed on 08.01.2026 and the order has been reserved. 5. It has further been submitted that the instant application was moved to delay the proceedings and has relied upon the observations made by Hon'ble Apex Court in Criminal Appeal No. 585 of 2021 (Mohd. Ghouseuddin v. Syed Riazul Hussain and another). 6. Matter requires consideration. 7. Issue notice to opposite party No. 2, returnable at an early date. 8. List on 20.05.2026 in the daily cause list. 9. Opposite party No. 2 may file counter-affidavit within four weeks. Rejoinder-affidavit be filed within two weeks thereafter. 10. Until further orders, the operation and effect of the order dated 22.01.2026 passed by Additional Principal Judge, Family Court, Gautam Budh Nagar, shall remain stayed. March 18, 2026 Aditya Tripathi NA528 No. 10683 of 2026 2 (Nand Prabha Shukla,J.) Digitally signed by :- ADITYA TRIPATHI High Court of Judicature at Allahabad