LAWS(SC)-2025-9-141

DOLLY AGGARWAL Vs. STATE OF U.P.

Decided On September 16, 2025
DOLLY AGGARWAL Appellant
V/S
STATE OF U.P. Respondents

JUDGEMENT

(1.) Leave granted.

(2.) Heard learned Counsel for the appellant and learned Counsel representing the contesting Respondent No. 2.

(3.) A maintenance order under Sec. 125 of the Code of Criminal Procedure, 1973 ("CrPC") was passed in favour of the appellant. She applied for enforcement of the same. The court concerned passed an order dtd. 21/5/2025, under Sec. 128 of the CrPC, issuing warrant of recovery and arrest to recover the arrears of maintenance amounting to Rs.12,30,000.00. Aggrieved by the order dtd. 21/5/2025, the Second Respondent filed an application under Sec. 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 ("BNSS") for quashing the order dtd. 21/5/2025.