Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 13590 (ALL)

SUHAIL AHMAD v. STATE OF U.P. AND ANOTHER

A482/3419/2025 · 2025-04-22

Raj Beer Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:61172 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3419 of 2025 Applicant :- Suhail Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Saran Srivastava 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 record. 2. This application under Section - 482 Cr.P.C. has been preferred against the ex-parte judgement dated 22.02.2018, passed by learned Principal Judge, Family Court, Kaushambi in Maintenance Case No. 261 of 2016, under Section - 125 Cr.P.C., whereby opposite party No. 2 has been granted maintenance, as well as against the against the recovery warrant dated 17.12.2021 issued in execution case No. 63 of 2018, under Section 128 Cr.P.C., P.S. - Saini, District - Kaushambi. 3. In view of provisions of Section - 19 of Family Court Act, 1984 and the 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 passed by family court 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. In view of aforesaid, this application under Section - 482 Cr.P.C. against the ex-parte judgement dated 22.02.2018 is not maintainable. However the applicant is at liberty to file criminal revision or to file an application under Section 126(2) Cr.P.C. in accordance with law. 4. So far the order dated 17.12.2021 is concerned, by that order in execution case recovery warrant has been issued against the applicant. No material illegality or perversity could be shown in the impugned order dated 17.12.2021. There is nothing to indicate that there has been any abuse of the process of court or miscarriage of justice in the impugned order dated 17.12.2021 so as to require any interference by this Court in exercise of powers conferred under 482 Cr.P.C. The application under Section 482 Cr.P.C. lacks merit and thus, the same is liable to be dismissed. 5. The application under Section 482 Cr.P.C. is hereby dismissed. 6. The certified copy of the order available on record, if any, be returned back to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 23.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad