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Neutral Citation No. - 2025:AHC:84280 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14843 of 2025 Applicant :- Ramesh Kumar Opposite Party :- State Of U.P. And 3 Others 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 material brought on record. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed seeking following prayer:-
"It is therefore most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and quash the impugned order dated 20.06.2022, passed by Learned Principal Judge, Family Court, Kaushambi in Maintenance Case no. 422 of 2019 (Reeta Devi and others Vs. Ramesh Kumar) (C.R.N. UPKS020010612019), under section 125 Cr.P.C., Police Station- Karari, District-Kaushambi as well as order dated 15.11.2024, passed by Learned Principal Judge Family Court, Kaushambi by issuing recovery warrant against the applicant and entire proceeding of Execution Case no. 88 of 2022 (Reeta Devi and others Vs. Ramesh Kumar), under Section 128 Cr.P.C., Police Station- Karari, District- Kaushambi pending in the court of Principal Judge Family Court, Kaushambi."
3. By impugned order dated 20.06.2022 maintenance has been granted by Family Court in favour of opposite party nos.2 to 4 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 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. The provisions of Section 482 Cr.P.C. 1973 have been reincarnated in Section 528 of BNSS and thus, similar analogy would be applicable to the
application under Section 528 BNSS. 4. Thus, it is apparent that this application under Section - 528 BNSS against impugned order dated 20.06.2022 is not maintainable. 5. Accordingly, this application under Section - 528 BNSS 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 :- 20.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad