The High Court dismissed an application under Section 482 Cr.P.C. challenging a final maintenance order. The Court held that since no revision was filed against the final order under Section 397/401 Cr.P.C., the High Court could not interfere with the order passed by the Family Court.
Application under Section 482 Cr.P.C. dismissed.
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Neutral Citation No. - 2024:AHC:197997
Court No. - 72
Case :- APPLICATION U/S 482 No. - 42976 of 2024
Applicant :- Rakesh Yadav Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
397/401 Cr.P.C. However, no revision has been filed by applicant against order dated 20.10.2022. Only after the recovery warrant was issued against applicant vide order dated 21.03.2023 that present application under Section 482 Cr.P.C. has been filed with a challenge to the order dated 20.10.2022. Since no interim order is operating against order dated 20.10.2022, therefore, no illegality can be said to have been committed by court below in passing the order dated 20.10.2022. In view of above, no interference is warranted by this Court in present application under Section 482 Cr.P.C. Consequently, present application is liable to be dismissed. .
Order Date :- 18.12.2024 YK
Digitally signed by :- YASHWANT KUMAR High Court of Judicature at Allahabad
1 issue framed by the court
Whether a revision was maintainable against the final maintenance order under Section 397/401 Cr.P.C. before challenging it under Section 482 Cr.P.C.?
4 provisions across 1 enactments
Rakesh Yadav
Rajeev Misra
As recorded by the court registry
2 orders share this CNR
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