AMIT KUMAR v. THE STATE OF UP THROUGH PRINCIPAL SECRETARY HOME AND ANOTHER
A482/1938/2025 · 2025-04-24
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10188 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10188 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63523 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1938 of 2025 Applicant :- Amit Kumar Opposite Party :- The State Of Up Through Principal Secretary Home And Another Counsel for Applicant :- Chandan Bhagat Counsel for Opposite Party :- Abhinav Dwivedi,G.A.,Shailendra Kumar Tripathi Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section - 482 Cr.P.C. has been preferred against order dated 10.10.2024, passed by learned Principal Judge, Family Court, Kannauj, in Case No. 221 / 12 / 2023 (Smt. Bhawana vs. Amit Kumar), under Section 125 Cr.P.C., P.S.- Indargarh, District- Kannauj, whereby interim maintenance has been granted in favour of opposite party no. 2.
3. By impugned order dated 10.10.2024 interim maintenance has been granted by Family Court under Section - 125 Cr.P.C in favour of opposite party no. 2. In view of law laid down in case of Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445, Ashu Jain Vs. State of U.P. and 3 Others 2023:AHC:165660 and Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497, it is clear that an order of maintenance or interim maintenance is not an interlocutory order and that against such orders, aggrieved person has remedy of revision. It was held that against such order, application under
Section - 482 Cr.P.C. is not maintainable.
4. Thus, it is apparent that this application under Section - 482 Cr.P.C. against impugned order dated 10.10.2024 is not maintainable.
5. Accordingly, this application under Section - 482 Cr.P.C. is dismissed as not maintainable.
6. However, the applicant would be at liberty to file criminal revision or to resort remedy available under law. Order Date :- 25.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad