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2025 DAILYLAW 6147 (ALL)

NIYAZ AHAMAD v. STATE OF U.P. AND 2 OTHERS

A482/1127/2025 · 2025-04-27

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64572 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1127 of 2025 Applicant :- Niyaz Ahamad Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Akhand Pratap Singh,Shobhit Yadav 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 - 482 Cr.P.C. has been preferred against order dated 05.12.2024, passed by learned Additional Principal Judge, Family Court, Kushinagar, in Maintenance Case No. 1288 of 2020 (Sahana Khatoon and Others Vs. Niyaz Ahmad), under Section - 125 Cr.P.C., whereby interim maintenance has been granted in favour of opposite party nos.2 & 3. 3. By impugned order dated 05.12.2024 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 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. 4. Thus, it is apparent that this application under Section - 482 Cr.P.C. against impugned order dated 03.10.2024 is not maintainable. 5. Accordingly, this application under Section - 482 Cr.P.C. is dismissed as not maintainable. 6. However, the applicant would be at liberty to file criminal revision or to resort appropriate 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 :- 28.4.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad