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2025 DAILYLAW 23340 (ALL)

VIVEK MISHRA v. STATE OF U.P. AND ANOTHER

NA528/6406/2025 · 2025-05-18

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:83210 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 6406 of 2025 Applicant :- Vivek Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Vashistha 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 preferred against order dated 06.07.2024, passed by learned Principal Judge, Family Court, Kasganj, in Criminal Misc. Case No. 665 of 2020 (Smt. Jyoti Dixit vs. Vivek Mishra), under Section 125 Cr.P.C., P.S.- Sahawar, District- Kasganj, whereby interim maintenance has been granted in favour of opposite party no.2. 3. By impugned order dated 06.07.2024 maintenance has been granted by Family Court in favour of opposite party no.2 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 06.07.2024 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 :- 19.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad