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2026 DAILYLAW 6147 (ALL)

GANESH MADHESIYA v. STATE OF U.P. AND 2 OTHERS

NA528/37634/2026 · 2026-09-08

Deepak Verma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37634 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J. 1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused the record. 2. The present 528 B.N.S.S. application has been filed to quash the order dated 27.07.2026 issuing recovery warrant passed by Principal Judge, Family Court, Deoria in Execution Case No.1163/2025 (Pooja Devi Vs. Ganesh) under Section 144(3) B.N.S.S., 2023, P.S. Rampur-Karkhana, District Deoria. 3. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case. Instant complaint is false, baseless and has been lodged with malicious intention only to harass the applicant. It is next submitted that in paragraph-16, it has been stated that total outstanding maintenance amount against the applicant is Rs.95,000/- and the applicant is ready to pay Rs.95,000/-. 4. Considering the facts and circumstances of the case, the application is disposed of with direction that if the applicant deposits Rs.95,000/- within a week, through bank drafts issued in favour of the opposite party no. 2, the learned Principal Judge, Family Court, Deoria shall accept the draft and the same will be handed over to the opposite party no.2, the execution proceedings for recovery of the amount shall remain stayed. Versus Counsel for Applicant(s) : Sarvanand Pandey Counsel for Opposite Party(s) : G.A. Ganesh Madhesiya .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) 5. In case the applicant does not deposit the amount within the aforesaid period, the court concerned may proceed in accordance with law. September 9, 2026 Meenu Singh NA528 No. 37634 of 2026 2 (Deepak Verma,J.) Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad