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2025 DAILYLAW 61340 (ALL)

SMT. SUBHA MISHRA v. STATE OF U.P. AND ANOTHER

NA528/18628/2025 · 2025-05-29

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93645 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18628 of 2025 Applicant :- Smt. Subha Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava 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 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS') has been preferred against order dated 21.08.2024, passed by learned Additional Principal Judge, Family Court No.1, Kanpur Nagar, in Case No. 2265 of 2021 (Smt. Subha Mishra Vs. Gyanendra Mishra), under Section - 125 Cr.P.C., Police Station - Kalyanpur, District - Kanpur Nagar. 3. By impugned order dated 21.08.2024 the application filed by applicant for interim maintenance in proceedings under Section - 125 Cr.P.C. has been rejected by the Additional Principal Judge, Family Court No.1, Kanpur Nagar. 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 21.08.2024 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 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 :- 30.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad