Allahabad High Court · 2025-04-29
CRIMINAL MISC. WRIT PETITION No. 8305 of 2025 at Allahabad
- Citation / case number
- CRIMINAL MISC. WRIT PETITION No. 8305 of 2025 at Allahabad
- Court
- Allahabad High Court
- Petitioner
- CRIMINAL MISC. WRIT PETITION No. 8305 of 2025 at Allahabad
- Respondent
- Unknown
Judgment text excerpt
Neutral Citation No. - 2025:AHC:66939-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 8305 of 2025 Petitioner :- Sita Devi Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Pushkar Kushwaha Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Anil Kumar-X,J. 1. Heard learned counsel for the petitioner and learned A.G.A. for the State. 2. By means of present writ petition, the petitioner is seeking direction to the respondent no. 2 to execute the levy warrant issued by the Principal Judge (Family Court), Mirzapur for recovery and deposit of Maintenance allowance in the Misc. Case No. 705 of 2017, (Sita Devi vs. Jitendra Maurya), under Section 128 Cr.P.C. pending the court of Principal Judge Family Court, Mirzapur. 3. Ms. Divya Ojha, learned AGA-I at the very outset raised preliminary objection qua the maintainability of the instant writ petition on three folds submissions: (i) as the matter is seized before the Principal Judge, Family Court, the same relief can be pressed before the concerned court, (ii) Cr.P.C./BNSS being a self contained Act has complete set of rules and procedures that can be adhered to for execution of any relie