Allahabad High Court
Jyoti Prabhat Singh vs State Of U.P. And Another on 15 April, 2025
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:55016 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 12364 of 2025 Applicant :- Jyoti Prabhat Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anay Kumar Srivastava,Avanish Mohan Sharma,Durgesh Pratap Singh,Yuvaraj A.K. Sharma Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been filed with the following prayer:-
"It is, therefore, most respectfully prayed this Hon'ble Court may graciously be pleased to quash the order dated 18.01.2025 passed on paper no. 32Kha by the Additional Principal Judge, Family Court, Court No. 4, Allahabad in Case No. 327 of 2023, (Pragya Singh Vs. Jyoti Prabhat Singh), under Section 125 Cr.P.C., otherwise the applicant shall suffer irreparable loss and injury.
It is further prayed that this Hon'ble Court may be pleased to direct the Principal Judge, Family Court, Court No. 4, Allahabad to decide the application filed by the applicant under Section 379 BNSS, 2023 and stay to the proceeding of Case No. 327 of 2023, under Section 125 Cr.P.C. pending before it till the adjudication of application filed by the applicant under Section 379 BNSS, 2023 and/or pass such other and further orders as this Hon'ble Court may deem fit on the facts and circumstances of the present case."
3. Learned counsel for applicant submitted that impugned order is against law and thus, liable to be set aside. It was submitted that the applicant has filed an application under section 379 BNSS vide Misc. Case No. 70 of 2024, which is pending. The applicant has filed another application that proceedings of case under section 125 Cr.P.C. be kept stayed till the application under section 379 BNSS is decided but that application has been rejected in an arbitrary manner. It was further submitted that a direction may be made to the Family Court concerned to decide application under section 379 BNSS (Misc. Case No. 70 of 2024) expeditiously.
4. Learned AGA has submitted that there is no illegality or perversity in the impugned order and that application under section 379 BNSS has to be decided in view of law laid down in case of Iqbal Singh Marwah V Meenakshi Marwah 2005 LawSuit (SC) 486.
5. I have considered rival submissions and perused record.
6. It appears from record that the opposite party No. 2 has filed aforesaid case under section 125 Cr.P.C. against the applicant. In that case applicant has filed an application under section 379 BNSS vide Misc. Case No. 70 of 2024. The applicant has filed an application in the case under section 125 Cr.P.C. that the proceedings of the case (125 CrPC) be kept stayed till the application under section 379 BNSS is decided. That application was rejected by the Family Court vide impugned order dated 18.01.2025. There is no patent illegality or perversity in the impugned order, as the proceedings of case under section 125 Cr.P.C. can not be kept stayed merely on the ground that applicant has filed an application under section 379 BNSS. Hence the prayer for quashing of order dated 18.01.2025 is refused.
7. It was further submitted that a direction may be made to the Family Court concerned to expedite the proceedings of application under Section 379 BNSS and to decide the same within specific time frame. Learned counsel has referred the case of Madhvendra Bhushan Pachauri V State of UP 2024:AHC:91541 and Amit Bajpai V State of UP 2023:AHC:238266.
8. In view of aforesaid, the Family court concerned is directed to expedite the proceedings of application under Section 379 BNSS and to decide the same in accordance with law.
9. The application under Section 528 BNSS is disposed of accordingly.
Order Date :- 15.4.2025 Anand