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2026 DAILYLAW 9215 (ALL)

RAHUL YADAV v. STATE OF U.P. AND ANOTHER

NA529/4724/2026 · 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. - 4724 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 u/s 529 B.N.S.S. has been filed with prayer to direct the learned Principal judge Family court III, Gorakhpur to decide the criminal case no.1212 of 2024 (Sindhu Versus Rahul) under section 144 B.N.S.S Police Station Gagaha, District- Gorakhpur, pending in the court of Principal judge Family court III, Gorakhpur expeditiously within stipulated period of time. It is submitted by learned counsel for the applicant that in this case he is husband of opposite party no. 2. He also submits that an application u/s 144 B.N.S.S. was moved by the wife/opposite party no. 2 against him that is pending before the learned court from the year 2024 and has not been decided till now, therefore, requests to direct the learned trial court to proceed with the case expeditiously and to decide the case finally within stipulated time period. Learned A.G.A. opposed the prayer as aforesaid and contended that in this case the applicant though appeared before the learned court in pursuance to the notice issued by the court concerned but has not been filed even W.S. and several dates have also been fixed for this purpose. In this way there is fault on the part of applicant himself. Considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record Versus Counsel for Applicant(s) : Chandra Jeet Yadav Counsel for Opposite Party(s) : G.A. Rahul Yadav .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and the order sheet, it appears that after service of notices on the applicant he appeared before the learned court and was directed to file W.S./objection and even last opportunity was also given but without filing W.S. before the learned court he has filed this application before this Court. It shows delaying tactics on the part of applicant himself, therefore, it requires no any direction at this stage. The learned trial court is also directed to close the opportunity of the applicant for filing W.S. if he fails to file it on the next date fixed. Accordingly, this application u/s 529 B.N.S.S. is dismissed. September 23, 2026 Suraj Srivastav NA529 No. 4724 of 2026 2 (Subhash Chandra Sharma,J.) Digitally signed by :- SURAJ SRIVASTAVA High Court of Judicature at Allahabad