Dismissed

Amitabh Singh @ Abhitav v. State of U.P. and Another

Allahabad HC28 Nov 2024A482/21407/2024

Case brief

AI extract

What is this about?

The application under Section 482 Cr.P.C. challenging an interim maintenance order under Section 125 Cr.P.C. was dismissed as not maintainable. The court held that the specific remedy of revision under the Family Courts Act supersedes the general powers under Section 482 Cr.P.C. for such orders.

What did the court decide?

Application dismissed as not maintainable; applicant directed to file criminal revision.

Amitabh Singh @ Abhitav vs State of U.P. and Another — Maintenance and Alimony | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:186873

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 21407 of 2024

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Applicant :- Amitabh Singh @ Abhitav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application under Section - 482 Cr.P.C. has been preferred against the order dated 18.05.2017, passed by the Principal Judge, Family Court, Firozabad, in Case No. 523 of 2016, under Section - 125 Cr.P.C., Police Station - Tundla, District - Firozabad.

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It is submitted by learned counsel for applicant that impugned order is against facts and law and thus, liable to be set aside. Earlier, the opposite party no.2 has lodged a case under Section - 498-A I.P.C. and the applicant has challenged the proceedings of the said case before this Court, wherein matter was referred for mediation. During mediation proceedings, both the parties have amicably settled the dispute and one time maintenance was paid to the opposite party no.2. Referring to these facts, it was submitted that the impugned order is liable to be set aside. Regarding maintainability of this application, learned counsel for the applicant submitted that an application under Section- 482 Cr.P.C. against order of grant of maintenance under Section - 125 Cr.P.C. is maintainable.

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1. Learned A.G.A. has opposed the application and submitted that the present application under Section - 482 Cr.P.C. against the impugned order, is not maintainable.

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I have considered the rival submissions and perused the record.

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It may be stated that in case of Smt. Anjana Mukhopadhyay Vs. State of U.P. and Another 2023:AHC:2129445, after considering the law laid down in case of Jitendra Kumar Verma Vs. State of U.P. and Others 2020:AHC-LKO:6221 and Rahul Nagar Vs. State of U.P. and Another 2023:AHC:148160, the co-ordinate Bench of this Court has held that order of granting interim maintenance cannot be termed as interlocutory order as it categorically decides rights of maintenance and thus, the revision against such order is maintainable. Similarly in case of Liaqat Hussain Vs. Jainab Praveen and Another AIRONLINE 2020 ALL 2497, a Division Bench of this Court has held that remedy of criminal revision was available against an interim and final order passed under Section - 125 to 128 of Cr.P.C. Similar view has been taken in case of Manish Aggarwal Vs. Seema Aggarwal and Others 2012 SCC OnLine Del 4816, Rajendra Kumar Vs. Smt. Rukhmani Bisen (Misc. Criminal Case No. 60364 of 2022), decided on 02.02.2023 by Hon'ble High Court of Madhya Pradesh and Nitish Kumar vs. Neha Kumari (Cr. MMO No.1083 of 2022), decided on 14.12.2023, by Hon'ble High Court of Himachal Pradesh.

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Thus, against an order of maintenance under Section - 125 Cr.P.C. passed by Family Court, application under Section - 482 Cr.P.C. is not maintainable. The applicant has specific remedy of filing of revision against the impugned order in terms of provisions of Section - 19(4) of the Family Courts Act. As the specific remedy of revision has been provided under Special Act, thus it will override the general law.

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The application under Section - 482 Cr.P.C. is dismissed as not maintainable . However, applicant would be at liberty to file a criminal revision against the impugned order in accordance with law.

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Order Date :- 28.11.2024/S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Amitabh Singh @ Abhitav v. State of U.P. and Another

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Amitabh Singh @ Abhitav v. State of U.P. and Another

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