YOGESH KUMAR @ YOGESH SHARMA v. STATE OF U.P. AND ANOTHER
NA528/13588/2025 · 2025-05-13
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 46166 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 46166 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:78904 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 13588 of 2025 Applicant :- Yogesh Kumar @ Yogesh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshu Mishra,Priyavrat Tripathi 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 17.05.2024, passed by learned Additional Principal Judge, Family Court, Court No.2, Meerut, in Case No. 352 of 2020 (Smt. Rashmi vs. Yogesh), under Section 125 Cr.P.C., whereby interim maintenance has been granted in favour of opposite party no.2.
3. By impugned order dated 17.05.2024 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 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 - 482 Cr.P.C. is not maintainable. In BNSS the provisions of Section 482 Cr.P.C. 1973 have been reincarnated in Section 528
of 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 17.05.2024 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 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 :- 14.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad