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Neutral Citation No. - 2025:AHC:49350 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11118 of 2025 Applicant :- Rahul Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Muktesh Kumar Singh,Prakarsh Saxena 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 24.09.2022, passed by learned Principal Judge, Family Court, Firozabad, in Case No. 1021 of 2020 (Akansha vs. Rahul Saxena), under Section 125 Cr.P.C., P.S.- Uttar Jila, District- Firozabad, whereby maintenance has been granted in favour of opposite party no.2.
3. By impugned order dated 24.09.2022 interim maintenance has been granted by 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 BNSS 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 BNSS.
4. Thus, it is apparent that this application under Section - 528 BNSS against impugned order dated 24.09.2022 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 :- 7.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad