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2026 DAILYLAW 8611 (ALL)

KIRAN PANDEY AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA529/4866/2026 · 2026-09-22

Subhash Chandra Sharma

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 529 BNSS No. - 4866 of 2026 Court No. - 78 HON'BLE SUBHASH CHANDRA SHARMA, J. Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the material on record. The present application has been filed by the applicants with a prayer to allow this application and direct the learned trial court to decide the present Criminal Misc. Application U/s 529 B.N.S.S. and expedite the execution Case No. 194 of 2024 (Kiran Pandey & another Versus Indrajeet Tiwari) within stipulated period of time. It is submitted by learned counsel for the applicants that in this case an application under rule 6(5) Protection of Women from Domestic Violence Rules, 2005 is pending from 12.09.2024 and it has not been decided till now, therefore, request to direct the learned court to decide the case within a stipulated period of time. Learned A.G.A. opposed the prayer as aforesaid. Considering the facts and circumstances of the case and submissions made by learned counsel for applicants as well as learned A.G.A. and perusal of record, it appears that the learned trial court has issued recovery warrant against the opposite party and also issued letter to concerned S.P. even though neither the opposite party appeared before the learned court nor complied the order paid the arrears of amount due against him. In the circumstances of the case, it is expedient to direct the learned trial court to make its endeavour to adopt appropriate measure prescribed under the law for making recovery of arrears of amount of maintenance from the opposite Versus Counsel for Applicant(s) : Rajendra Kumar Counsel for Opposite Party(s) : G.A. Kiran Pandey And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) party as expeditiously as possible without granting any unnecessary or long adjournments to either of the parties, if there is no other legal impediment. With the aforesaid directions, the present application under Section 529 B.N.S.S. stands disposed of finally. September 23, 2026 Suraj Srivastav NA529 No. 4866 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad