SMT. SHAHINA KHATOON AND ANOTHERversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

            APPLICATION U/S 529 BNSS No. - 4865 of 2026

Smt. Shahina Khatoon And Another
                                                               .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                              :    Vijay Singh
Counsel for Opposite Party(s)                         :    G.A.

Court No. - 78
            HON'BLE SUBHASH CHANDRA SHARMA, J.

Heard learned counsel for the applicants as well as learned A.G.A. for the
State and perused the material on record.

The present application has been filed by the applicant with a prayer to allow
this application and to direct the learned trial court to decide the Misc. Case
No.93/2022 (Shahina Khatoon Vs. Shadab Ahmad) under Section 128
Cr.P.C., Police Station Mubarakpur, District Azamgarh, pending in the
Court of learned Additional Principal Judge, Family Court, Azamgarh, as
expeditiously as possible, within stipulated period.

It is submitted by learned counsel for the applicants that in this case an
application under Section 128 Cr.P.C. was moved before the learned trial
court in the year 2022 for realization of amount of arrears of maintenance
against the opposite party but on which notices were issued and service was
sufficient even though the opposite party did not appear before the learned
court. No any amount of arrears of maintenance has been realized, therefore,
request to direct the learned trial court to proceed with the case expeditiously
and decide the application 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, the order sheet of the case, it appears that even after sufficient
service on the opposite parties he did not appear before the learned court and
has also not paid the amount of arrears of maintenance, as a result the
                                                                                              NA529 No. 4865 of 2026
                                                                     2


                                    learned trial court has issued recovery warrant and also sent letter to
                                    concerned S.P. but in vain. In the circumstances of the case, it is expedient to
                                    direct the learned trial court to adopt coercive measures as prescribed under
                                    the law for making recovery amount of arrears of maintenance due against
                                    the opposite party no. 2, 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
                                                                                  (Subhash Chandra Sharma,J.)




Digitally signed by :-
SURAJ SRIVASTAVA
High Court of Judicature at Allahabad