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Neutral Citation No. - 2025:AHC:51426 Court No. - 71 Case :- APPLICATION U/S 482 No. - 33583 of 2024 Applicant :- Rohit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiresh Kumar,Vivek Gangwar Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section 482 CrPC has been preferred against order dated 02.08.2024, passed by learned Additional Principal Judge, Family Court, Pilibhit, in Maintenance Case No. 94 of 2022 (Smt. Mithlesh Kumari v. Rohit Kumar), under Section 125 Cr.P.C., P.S.- Jahanabad, District- Pilibhit whereby interim maintenance has been granted in favour of opposite party no.2.
3. Perusal of record shows that by impugned order dated 02.08.2024 interim maintenance has been granted to the opposite party no.2 by the Family Court under Section - 125 Cr.P.C. 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 Manish Aggarwal Vs. Seema Aggarwal and Others 2012 SCC OnLine Del 4816, 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. Similar law has been laid down by the Division Bench of this Court in case of Liaqat Hussain Vs. Jainab
Praveen and Another AIRONLINE 2020 ALL 2497.
4. Thus, it is apparent that this application under Section 482 CrPC against impugned order dated 02.08.2024 is not maintainable.
5. Accordingly, this application under Section 482 CrPC is dismissed as not maintainable.
6. However, the applicant would be at liberty to file criminal revision or to resort remedy available under law. The certified copies available on record may be returned back to learned counsel for applicant after retaining photocopy of same on record. Order Date :- 8.4.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad