SMT. KULSUM BANO AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME AND ANOTHER
A482/2715/2025 · 2025-04-28
Manish Kumar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 130882 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 130882 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC-LKO:23980 Court No. - 14 Case :- APPLICATION U/S 482 No. - 2715 of 2025 Applicant :- Smt. Kulsum Bano And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Deptt. Of Home And Another Counsel for Applicant :- Upendra Prakash Pathak,Akanksha,Dhananjay Tripathi Counsel for Opposite Party :- G.A. Hon'ble Manish Kumar,J. The instant application under Section 482 Cr.P.C. read with Section 528 Bharatiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed by the applicants with the following prayer:-
"Wherefore, it is most respectfully prayed that this Hon'ble Court may become pleased to set aside the impugned order dated 17.02.2025 passed by Learned Additional Principal Judge Ist Family Court, Barabanki in Cri. Misc. Case No. 378/2018 filed under section 125 Cr.P.C., Police Station-Safdarganj District- Barabanki in 'Smt. Kulsum And Others Vs. Saddam Husain' by which the Learned Family Court has rejected the application for interim maintenance preferred by the petitioner filed under section 125 Cr.P.C. without considering the objection and poor condition of the petitioner, after summoning the Lower Court record in the interest of justice. It is further prayed this Hon'ble Court may graciously be pleased direct to the Learned Additional Principal Judge Ist Family Court, Barabanki to pass appropriate order for interim maintenance to the petitioner in 'Smt. Kulsum And Others Vs. Saddam Husain' till the pendency of this petition, in the interest of justice." Sri Rao Narendra Singh, learned AGA has raised a preliminary objection regarding the maintainability of the present application on the ground that the applicants have a statutory remedy to file a revision under Section 19 sub clause 4 of the Family Courts Act, 1984. In support of his submission, he has relied upon the judgment/order dated 20.11.2023 passed by this Court in the case of Smt. Anjana Mukhopadhyay vs. State of U.P. and Anr. in Criminal Appeal No. 4878 of 2022 and judgment and order dated 03.12.2020 passed by Division Bench of this Court in the case of Liaqat Hussain vs. Jainab Praveen in First Appeal Defective No. 300 of 2020. At this stage, learned counsel for the applicants has submitted that the applicants may be permitted to withdraw the present application as dismissed as not
pressed with liberty to file a revision. In view of above, the present application is dismissed as not pressed.
The applicants are at liberty to avail the remedy as may be permissible under the law. Office is directed to return the certified copy of the relevant documents after retaining photostat copy of the same. Order Date :- 28.4.2025 Nitesh Digitally signed by :- NITESH KUMAR TEWARY High Court of Judicature at Allahabad, Lucknow Bench