An applicant challenged a consequential order under Section 482 Cr.P.C. despite the court below not facing an appeal. The High Court dismissed it as a preliminary objection that no challenge lay against such consequential orders was successful.
Application under Section 482 Cr.P.C. dismissed.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 8191 of 2023
Applicant :- Ajay Singh Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- In Person Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. Ajay Singh, the applicant who has appeared in person and the learned A.G.A. for the State.
Challenge in this application under Section 482 Cr.P.C. is to the order dated 21.09.2022 passed by the Additional Principal Judge Family Court No. 3 Kanpur Nagar (Anju Singh Vs. Ajay Singh) under Section 125 Cr.P.C., P.S. Barra, District Kanpur Nagar.
At the very outset learned A.G.A. has raised a preliminary objection by submitting that in absence of any challenge to the order passed by the court below under section 125 Cr.P.C. whereby interim maintenance was awarded in favour of opposite party nos. 2, 3 and 4 challenge to consequential order dated 21.09.2022 is misconceived. As no application under section 482 Cr.P.C. lies against the consequential order. As such, the present application is liable to be dismissed.
When confronted with above, applicant who has appeared in person could not overcome the same.
In view of above, present application fails and is liable to be dismissed at this stage.
Accordingly, present application is dismissed at this stage.
Order Date :- 13.3.2023 Vikram
Digitally signed by :- VIKRAM SINGH High Court of Judicature at Allahabad
Ajay Singh
State Of U.P.
Vikram Singh
As recorded by the court registry
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