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Neutral Citation No. - 2025:AHC:39572 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 8904 of 2025 Applicant :- Ashok Kumar Jaiswal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Kumar Pandey,Smt. Kirti Pandey 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 BNSS has been preferred against order dated 12.11.2024, passed by learned Principal Judge, Family Court, Varanasi, in Case No. 346 of 2023 (Gayatri Devi Vs. Ashok Kumar Jaiswal), under Section 125 Cr.P.C., P.S.- Jaitpura, District- Varanasi, whereby interim maintenance has been granted in favour of opposite party no.2.
3. It is apparent from the record that by impugned order dated 12.11.2024 interim maintenance has been granted by the Family Court, under Section 125 Cr.P.C. in favour of opposite party no. 2. 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 Manish Aggarwal Vs. Seema Aggarwal and Others 2012 SCC OnLine Del 4816, 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. Similar law has been laid down by the Division
Bench of this Court in case of Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497. In B.N.S.S. the equivalent provisions to Section 482 Cr.P.C. 1973, has been enshrined in Section 528 B.N.S.S. and thus similar analogy would be applicable to the application under Section 528 B.N.S.S.
4. Thus, it is apparent that this application under Section - 528 B.N.S.S. against impugned order dated 12.11.2024 is not maintainable.
5. Accordingly, this application under Section - 528 B.N.S.S. is dismissed as not maintainable.
6. However, the applicant would be at liberty to file criminal revision or to resort remedy available under law.
7. The certified copies available on record may be returned back to
learned counsel for applicant after retaining photocopy of same on record.
Order Date :- 19.3.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad