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2025 DAILYLAW 31138 (ALL)

AKHILESH KUMAR v. STATE OF U.P. AND 2 OTHERS

NA528/9271/2025 · 2025-03-23

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42312 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9271 of 2025 Applicant :- Akhilesh Kumar Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Niharika Singh Parihar,Suresh Chandra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Suresh Chandra Mishra, learned counsel for the applicant and Sri Bhuwal Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 BNSS preferred by the applicant for quashing the impugned order dated 06.02.2025 passed by Civil Judge (Junior Division)/Crime against women, Jaunpur, in Complaint Case No.581/2013 (Neeraj Devi Vs. Akhilesh Kumar) under Section 12 Domestic Violence Act, Police Station- Newadhiya, District-Jaunpur. 3. Learned counsel for the applicant submits that on 06.02.2025, the Court of Civil Judge (Jr. Division)/ Crime against Women, Jaunpur proceeded to pass an order of interim maintenance to the tune of Rs.5000/- each to O.P. Nos. 2 and 3, who happen to the wife and daughter. Learned counsel for the applicant submits that the said order has been passed without considering the fact that the applicant is already paying maintenance under Section 125 of CrPC to the tune of Rs.2,500/- each, pursuant to an order passed in Criminal Revision No.3799 of 2018. 4. Learned A.G.A. on the other hand submits that the order which has been passed for payment of interim compensation is appealable under Section 29 of the Domestic Violence Act, 2005. Thus, the applicant may file an appeal. 5. Learned counsel for the applicant on a specific query being made, could not dispute the said fact that the order is appealable. 6. Accordingly, the interference is declined. 7. The application is disposed of granting liberty to the applicant to prefer an appeal under Section 29 of the D.V. Act, 2005. Order Date :- 24.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad