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2025 DAILYLAW 34601 (ALL)

GULSHAN TEOTIA v. STATE OF U.P. AND 2 OTHERS

NA528/10330/2025 · 2025-04-04

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48265 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10330 of 2025 Applicant :- Gulshan Teotia Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Jitendra Rana 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 B.N.S.S.) has been preferred against order dated 08.11.2024, passed by learned Additional Principal Judge, Family Court, Gautam Budh Nagar in Case No. 147 of 2022 (Smt. Shalini Vs. Gulshan Teotia), under Section - 125 Cr.P.C., District - Gautam Buddh Nagar, whereby interim maintenance has been granted in favour of opposite party no.2 and 3. 3. By impugned order dated 08.11.2024, interim maintenance has been granted by the Additional Principal Judge, Family Court, Gautam Budh Nagar under Section - 125 Cr.P.C. in favour of opposite party nos.2 & 3. 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 08.11.2024 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 :- 5.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad