Vinay Kumar vs State Of U.P. & Another
2021 Latest Caselaw 10372 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 49
 

 
Case :- APPLICATION U/S 482 No. - 12629 of 2021
 

 
Applicant :- Vinay Kumar
 
Opposite Party :- State Of U.P. & Another
 
Counsel for Applicant :- Rajesh Sharma
 

 
Hon'ble Vivek Agarwal,J.

1. None for the applicant.

2. No one was present on 23.07.2021 even when the list was revised. Today also, nobody is present for the applicant.

3. Application U/S 482 perused with the help of Sri Vikas Goswami, learned AGA for the State.

4. This Application U/S 482 filed by the applicant challenging the judgment and order dated 20.02.2020 passed by learned Additional Principal Judge, Family Court, Court No. 1, District-Aligarh in Case No. 269 of 2018 (Beekesh vs. Vinay Kumar) under Section 125 Cr.P.C., Police Station-Pisawa, District-Aligarh.

5. Learned AGA submits that this Application U/S 482 is not maintainable, inasmuch as, against the final order passed under Section 125 Cr.P.C., criminal revision is maintainable. He places reliance on judgment of this High Court in Liaqat Hussain vs. Jainab Parveen; All.L.J. 2021 (2) 271, where in it has held as under:-

"...........13. Thus the remedy against the order passed by the Family Court under Section 125 of Chapter IX of Cr.P.C. has been specifically provided under Section 19(4) of the Act, which confers powers on the High Court to examine the correctness, legality or propriety to the order passed by the Family Court. When the Family Court is dealing with the proceeding under Chapter IX of Cr.P.C. exercisable by the Magistrate of the first class in such contingency criminal revision would be maintainable against both interim as well as final order passed under Section 125 Cr.P.C.

14. An order which substantially affects the rights and decides certain rights of the parties, it has been held not to be an interlocutory order so as to bar revision in view of the pronouncement by the Hon'ble Apex Court in Amarnath and others Vs. State of Haryana and others, AIR 1977 SC 2185.

15. In the above conspectus, an application for interim maintenance under Section 125 Cr.P.C. is a separate proceeding to be disposed of while pending final order and any such order of interim maintenance would be intermediate or quasi judicial order, effecting the vital rights of the parties."

6. In view of such submissions, this Application U/S 482 is not maintainable, therefore, same is dismissed.

Order Date :- 16.8.2021

Vikram/-