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2025 DAILYLAW 9362 (ALL)

AWADHESH v. STATE OF U.P. AND ANOTHER

A482/2051/2025 · 2025-05-08

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75256 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2051 of 2025 Applicant :- Awadhesh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Janardan Prasad 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 - 482 Cr.P.C. has been preferred against order dated 03.10.2024, passed by learned Additional Principal Judge, Family Court No.1, Aligarh, in Misc. Case No. 9 of 2023 (Radha Vs. Awadhesh), under Section - 125 Cr.P.C., Police Station - Delhi Gate, District- Aligarh, whereby interim maintenance has been granted in favour of opposite party No.2. 3. By impugned order dated 03.10.2024 interim maintenance has been granted by Family Court in favour of opposite party No.2 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 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 :- 9.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad