NEERAJ KUMAR MAURYA ALIAS NEERAJ v. STATE OF U.P. AND 2 OTHERS
NA528/13148/2025 · 2025-05-04
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43457 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43457 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:71520 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13148 of 2025 Applicant :- Neeraj Kumar Maurya Alias Neeraj Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shiv Karan Chaudhary Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred against order dated 05.04.2022, passed by Principal Judge, Family Court, Fatehpur in Case No. 123 of 2022, under Section 125 Cr.P.C., P.S.- Asothar, District- Fatehpur. The order dated 26.03.2025, passed by Additional Judge, Family Court, Fatehpur in Case No.322 of 2022, under Section 128 Cr.P.C. is also being impugned.
3. So far the impugned order dated 05.04.2022 is concerned, by that order Family Court has granted maintenance 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 Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497, 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 - 528 BNSS is not maintainable. Hence, the prayer sought regarding order dated 05.04.2022 is refused.
4. It is further submitted by learned counsel for the applicant that the applicant has already filed an application in month of June, 2022 under Section 126(2) Cr.P.C. to recall ex-parte judgment dated 05.04.2022, which is still pending and thus a
direction may be made to the Family Court concerned to decide the said application expeditiously and within a specific time frame.
5. In view of aforesaid, the Family Court concerned is directed to expedite the hearing of application of applicant filed under Section 126(2) Cr.P.C. and to decide the same as early as possible preferably within a period of four months.
6. The application u/s 528 BNSS is disposed of with aforesaid observations. Order Date :- 5.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad