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2025 DAILYLAW 37067 (ALL)

GAUTAM VISHWAKARMA v. STATE OF U.P. AND 2 OTHERS

NA528/11192/2025 · 2025-04-14

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54307 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11192 of 2025 Applicant :- Gautam Vishwakarma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Dhananjay Singh,Mohd. Ayub 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 02.08.2024, passed by learned Additional Principal Judge, Court No.2, Azamgarh, in Case No. 851 of 2023 (Archana Vishwakarma vs. Gautam Vishwakarma), under Section 125 Cr.P.C., P.S.- Tarwan, District- Azamgarh, whereby maintenance has been granted in favour of opposite party nos.2 & 3. 3. By impugned order dated 02.08.2024 interim maintenance has been granted by Family Court in favour of opposite party nos.2 & 3 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. The provisions of Section 482 Cr.P.C. 1973, have reincarnated 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 02.08.2024 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 any other 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 :- 15.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad