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Neutral Citation No. - 2025:AHC:72051 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3196 of 2025 Applicant :- Suraj Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Ayub Counsel for Opposite Party :- Ashutosh Mishra,G.A.,Shailendra Kumar Ojha 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 Cr.P.C. has been preferred against order dated 10.10.2024, passed by learned Additional Principal Judge, Family Court, Mathura, in Case No. 750 of 2021 (Smt. Kirti vs. Suraj Singh), under Section 125 Cr.P.C., P.S.- Highway, Transport Nagar, District- Mathura, 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. 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 :- 6.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad