Allahabad High Court
RAMJAN MOHAMMADversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The High Court set aside the impugned order dated 29 July 2025, subject to a cost deposit, and ordered an expeditious hearing of the maintenance matter.
Summary
The applicant, Ramjan Mohammad, filed an application under Section 528 of the BNSS seeking to quash an order dated 29 July 2025 passed by the Additional Principal Judge of the Family Court, Varanasi, which had been issued under Section 144 BNSS. The impugned order arose after the applicant unsuccessfully attempted to recall an ex‑parte maintenance order dated 13 August 2024 under Section 125 of the Criminal Procedure Code, which required him to pay Rs. 35,000 per month to the opposite party and a minor child. The applicant argued that the order under Section 144 BNSS was unjust and should be set aside. The High Court examined the procedural history and, in the interest of justice, set aside the order subject to the applicant depositing a cost of Rs. 5,000 to the opposite party within three weeks. The Court also directed that the underlying maintenance matter be heard expeditiously, granting the applicant a full hearing. Consequently, the application under Section 528 BNSS was allowed.
Issues considered
- Whether the order dated 29 July 2025 passed under Section 144 BNSS can be quashed under Section 528 BNSS.
- Whether the applicant is entitled to relief despite the existence of an ex‑parte maintenance order under Section 125 Cr.P.C.
Legislation cited
- Bihar Nari Shakti Samiti (BNSS) — s. 144, 528
- Code of Criminal Procedure, 1973 — s. 125
Subjects
- Section 528 BNSS
- Section 144 BNSS
- Section 125 Cr.P.C.
- maintenance
- ex‑parte order
- quash order
- cost deposit
- family law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 2939 of 2026
Ramjan Mohammad
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Singh, Preeti Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
2. The present application under Section 528 B.N.S.S. has been filed with
a prayer to quash the impugned order dated 29.07.2025 passed by learned
Additional Principal Judge, Family Court No.3, Varanasi in Misc. Case
No. 941 of 2024 (Shahnaz Bano v. Ramjan Mohammad) under Section
144 BNSS, Police Station-Sigra, District-Varanasi.
3. It has been submitted by learned counsel for the applicant that in a
proceeding under Section 125 Cr.P.C. initiated by the opposite party No.
2, an ex-parte order dated 13.08.2024 was passed directing the applicant
to pay the monthly allowance of Rs. 35,000/- to the opposite party No. 2
and the minor child.
4. Aggrieved by an ex-parte order, the applicant moved a recall
application under Section 144 BNSS, which was rejected.
5. Accordingly, in the interest of justice, the order dated 29.07.2025 is
hereby set aside subject to deposit of cost of Rs. 5,000/- to be deposited
by the applicant to opposite party No. 2 within a period of three weeks
from the date of the order and court concerned is directed to consider and
decide the matter as expeditiously as possible, after affording opportunity
of hearing to both the parties.
NA528 No. 2939 of 2026
2
6. With the aforesaid direction, the application u/s 528 BNSS is,
accordingly, allowed.
(Nand Prabha Shukla,J.)
March 19, 2026
Aditya Tripathi
Digitally signed by :-
ADITYA TRIPATHI
High Court of Judicature at Allahabad
Checking your session…