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Neutral Citation No. - 2025:AHC:88269 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14116 of 2025 Applicant :- Imran Sheikh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Monu Upadhyay Counsel for Opposite Party :- G.P. Yadav 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 05.07.2024, passed by learned Principal Judge, Family Court, Gorakhpur in Maintenance Case No. 319 of 2020 (Shehnaaz Bano v. Imran Sheikh), under Section 125 CrPC, P.S.- Tiwaripur, District- Gorakhpur, whereby interim maintenance has been granted in favour of opposite party no.2.
3. Perusal of record shows that by impugned order dated 05.07.2024 interim maintenance has been granted to the opposite party no.2 by the Family Court 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 528 BNSS 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.
4. Accordingly, this application under Section 528 BNSS is
dismissed as not maintainable.
5. 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 :- 22.5.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad