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Neutral Citation No. - 2025:AHC:63766 Court No. - 71 Case :- APPLICATION U/S 482 No. - 2041 of 2025 Applicant :- Mahipal Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Dipak Kumar Tiwari,Gyanendra Kumar Mishra,Ramesh Kumar Mishra 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 18.12.2024, passed by learned Additional Principal Judge, Family Court, Bijnor in criminal misc. Case No. 720 of 2020, under Section - 125 Cr.P.C., whereby opposite party Nos. 2 to 4 have been granted 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 order dated 18.12.2024 is not maintainable.
4. The application under Section 482 Cr.P.C. is dismissed as not maintainable. However the applicant is at liberty to file criminal
revision or to resort appropriate 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 :- 25.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad