Kamlesh Chandra vs State Of U.P. And Anr.
2026 Latest Caselaw 123 ALL

Allahabad High Court

Kamlesh Chandra vs State Of U.P. And Anr. on 2 February, 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 


Neutral Citation No. - 2026:AHC-LKO:7451
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD
 
LUCKNOW 
 
APPLICATION U/S 482 No. - 5582 of 2019   
 
   Kamlesh Chandra    
 
  .....Applicant(s)   
 
 Versus  
 
   State Of U.P. And Anr.    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Sunil Kumar Singh, Anurag Dwivedi, Uma Kant Gupta   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 

 
Court No. - 29
 
   
 
 HON'BLE MANOJ BAJAJ, J.      

Applicant has approached this through this application under Section 482 Cr.P.C. to challenge the order dated 1.7.2019 passed by Additional Sessions Judge, Family Court, Hardoi in Case No. 447 of 2017, under Section 128 Cr.P.C., Police Station Kotwali Dehat, District Hardoi and has prayed for staying the effect of the order granting maintenance in favour of wife-opposite party no.2 till the disposal of his application under Section 127 Cr.P.C.

Though, the application was filed on 30.7.2019, but till date notice has not been issued to the other side. Primarily, the husband-applicant is aggrieved against the award of maintenance to the opposite side under Section 125 Cr.P.C., who has made second attempt to seek intervention of this Court on the ground that the wife after separation with the applicant has remarried, therefore, she has lost her right to seek maintenance from him. A perusal of the application dated 8.5.2018 filed by husband-applicant under Section 127 Cr.P.C. would reveal that the maintenance was awarded on 9.12.2010 and the applicant had moved the application on 5.5.2012 under Section 127 Cr.P.C. for setting aside the order dated 9.12.2010, but the same was dismissed vide order dated 3.6.2015 and the said order was further upheld by this Court as the revision petition was rejected on 10.2.2016.

The same issue is raised by the husband-applicant again, who has relied upon the admission by the wife, but till date, the prayer made in the application has not been pressed and the case is being adjourned without their being any notice to the other side.

Considering the above background, particularly the complete lack of interest on the part of the applicant, this Court is not inclined to exercise the inherent powers under Section 482 Cr.P.C., at this stage.

The application is dismissed.

(Manoj Bajaj,J.)

February 2, 2026

P.S. Parihar