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2025 DAILYLAW 22799 (ALL)

DORI LAL LODHE v. STATE OF U.P. AND 3 OTHERS

NA528/6244/2025 · 2025-05-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83458 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 6244 of 2025 Applicant :- Dori Lal Lodhe Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Aniruddha Yadav,Pradyumna Kumar Yadav 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 - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including orders dated 03.08.2024 & 28.01.2025, of Case No. 09 of 2022 (Smt. Renu Bala vs. Dori Lal), under Section 125 Cr.P.C., P.S.- Delhigate, District- Aligarh, pending before the Court of Additional Principal Judge, Family Court, Court No.3, Aligarh. 3. So far impugned judgment dated 03.08.2024 is concerned, by that order Family Court has granted interim maintenance under Section 125 Cr.P.C. in favour of opposite party nos.2 to 4. 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. In BNSS 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 03.08.2024 is not maintainable. 5. As far as the impugned order dated 28.01.2025 is concerned, it was submitted by learned counsel for the applicant that the application of interim maintenance was allowed vide order dated 03.08.2024 and thereafter on 09.12.2024 the opposite party no.2 has filed an application seeking arrears of maintenance from 30.04.2024 to 30.10.2024 amounting to Rs.36,000/- but by impugned order dated 28.01.2025, the concerned Family Court has issued recovery warrants for recovery of Rs.2,16,000/-. Learned counsel submitted that arrears of maintenance have not been determined by the Family Court in accordance with law. 6. In view of aforesaid, it is directed that in case applicant moves an application before the Family Court concerned raising his grievance regarding discrepancy in quantum of arrears of maintenance, the same shall be considered and decided by the court concerned expeditiously in accordance with law. The Family Court concerned is further directed to expedite the proceedings of the aforesaid case and to decide the same as early as possible, without granting any unnecessary adjournments to either of the parties, provided there is no other legal impediment. 7. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 19.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad