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?
Maintainability of proceedings under Section 164 BNSS / Section 164(1) BNSS where civil suit (Regular Suit No. 1146 of 2018) pending inter se parties; interim stay of proceedings of order dated 7.1.2025 of Up Zila Magistrate, Nanpara, District Bahraich (P.S. Kotwali Nanpara); notice issued; reliance by applicant on Aman Deep Singh Shishya vs State of U.P., 2024(1) ACR 86; Application U/S 482 No. 2854 of 2025; Allahabad High Court Lucknow Bench; Pankaj Bhatia, J.; decided January 21, 2026; interim order, issue undecided.
What did the court decide?
Interim relief: notice to respondent no.4 returnable at an early date; steps within two weeks; further proceedings of order dated 7.1.2025 passed by Up Zila Magistrate, Nanpara, District Bahraich under Section 164(1) BNSS stayed till the next date of listing; respondent no.5's counsel may file counter affidavit within three weeks; list after six weeks. Application otherwise pending; no final determination.