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2025 DAILYLAW 9831 (ALL)

NARESH v. STATE OF U.P. AND ANOTHER

A482/3492/2025 · 2025-04-22

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61242 Court No. - 71 Case :- APPLICATION U/S 482 No. - 3492 of 2025 Applicant :- Naresh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Gaur,Karmendra Kumar 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 record. 2. This application under Section - 482 Cr.P.C. has been preferred against the order dated 21.10.2024, passed by learned Additional Principal Judge, Family Court No. 1, Aligarh in Criminal Misc. Case No. 1344 of 2023, under Section - 125 Cr.P.C., whereby opposite party No. 2 has been granted interim maintenance. 3. In view of provisions of Section - 19 of Family Court Act, 1984 and the 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 passed by family court 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 view of aforesaid, this application under Section - 482 Cr.P.C. against the order dated 21.10.2024 is not maintainable. 4. In view of aforesaid, the application under Section - 482 Cr.P.C. is dismissed as not maintainable. However the applicant is at liberty to file criminal revision/to resort appropriate legal remedy in accordance with law. 5. The certified copy of the order available on record, if any, be returned back to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 23.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad