Asha Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Deptt. of Home Affairs Lko. and 4 Others
Case brief
What is this about?
Application U/S 482 No. 2853 of 2025; Asha Devi v. State of U.P.; Section 164 BNSS / Section 164(1) BNSS proceedings before Up Zila Magistrate, Nanpara, District Bahraich; P.S. Rupaidiha; maintainability challenge based on pending civil suit — Regular Suit No. 1146 of 2018 inter se parties; interim stay of order dated 7.1.2025; notice to respondent no. 4; counter affidavit by respondent no. 5; counsel reliance on Aman Deep Singh Shishya v. State of U.P., 2024(1) ACR 86; Pankaj Bhatia, J.; Lucknow Bench; order dated January 21, 2026; matter pending, listed after six weeks.
What did the court decide?
Interim stay of further proceedings of the order dated 7.1.2025 (Up Zila Magistrate, Nanpara, Section 164(1) BNSS) till the next date of listing; notice to respondent no. 4 returnable at an early date with steps within two weeks; respondent no. 5's counsel may file counter affidavit within three weeks; matter to be listed after six weeks.