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2025 DAILYLAW 33635 (ALL)

SATISH GAUR v. STATE OF U.P. AND ANOTHER

NA528/9974/2025 · 2025-04-08

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51213 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9974 of 2025 Applicant :- Satish Gaur Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.D. 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 preferred against order dated 21.07.2022, passed by learned Additional Principal Judge, Family Court No.1, Azamgarh, in Case No. 629 of 2014 (Maintenance/2100629/2014) (Nisha Gaur vs. Satish Gaur), under Section 125 Cr.P.C., P.S.- Jiyanpur, District- Azamgarh, whereby maintenance has been granted in favour of opposite party no.2. 3. Perusal of record shows that by impugned order dated 21.07.2022 maintenance has been granted to the opposite party no.2 by the Family Court 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 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 BNSS the equivalent provisions to Section 482 Cr.P.C. 1973, has been enshrined in Section 528 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 21.07.2022 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 :- 9.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad