Petitioner sought execution of a maintenance order passed under Section 125 CrPC via writ petition. The Court held that execution cannot be sought through writ and the remedy lies under Section 147 BNSS before the competent court. Petition dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Neutral Citation No. - 2025:AHC:32516-DB
Court No. - 29
Case :- WRIT - C No. - 392 of 2025
Petitioner :- Smt Pooja Devi Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Firdos Ahmad,Mahesh Kumar Counsel for Respondent :- C.S.C.
Hon'ble Ashwani Kumar Mishra,J. Hon'ble Donadi Ramesh,J.
Petitioner, in essence, wants execution of an order passed under Section 125 Cr.P.C. proceedings. Writ would not lie for such purpose. The remedy of the petitioner would lie before competent Civil Court seeking execution of the order under Section 147 of BNSS.
It is dismissed, accordingly.
Order Date :- 6.3.2025 Noman
Digitally signed by :- NOMAN AHMAD High Court of Judicature at Allahabad
1 issue framed by the court
Whether a writ petition lies for execution of a maintenance order passed under Section 125 Cr.P.C., or whether the petitioner must seek execution before the competent court under Section 147 BNSS.
2 provisions across 2 enactments
Smt Pooja Devi
State Of U.P.
Ashwani Kumar Mishra
Donadi Ramesh
As recorded by the court registry
2 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
