Dismissed¶12

Sanjay Gupta v. State of Up and 3 Others

Allahabad HC25 Feb 2025A482/23466/2024

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. maintainability; Section 125 Cr.P.C. maintenance proceedings; Family Court No.1 Gorakhpur; revisional jurisdiction of High Court; Mahipal Singh Vs. State of U.P.; application dismissed as withdrawn; liberty to file revision; no merits adjudicated; Rajiv Lochan Shukla, J.; Allahabad High Court; A482 No. 23466 of 2024.

What did the court decide?

Application dismissed as withdrawn with liberty to file an appropriate proceeding as advised under the law; certified copies to be returned to learned counsel for the applicant in the usual course. ¶12

Sanjay Gupta vs State of Up and 3 Others — Maintenance and Alimony | Allahabad HC (2025)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 23466 of 2024

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Sanjay Gupta		.....Applicant(s)
	Versus
State Of Up And 3 Others		.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)		: Satyendra Pandey : Pramod Kumar, G.A.

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Court No. - 83

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HON'BLE RAJIV LOCHAN SHUKLA, J.

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1. Heard Mr. Satyendra Pandey, Learned counsel for the applicant, Mr. Pramod Kumar, Learned counsel for the opposite party No.2, Learned A.G.A. for the State and perused the record.

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2. On the matter being taken up today, Mr. Pramod Kumar, Learned counsel for the opposite party No.2 has raised a preliminary objection by contending that order impugned i.e. order dated 27.3.2024 passed by the Learned Additional Principal Judge, Family Court No.1, Gorakhpur in Petition No.549 of 2014 ( Manju Devi and others Vs. Sanjay Gupta ), under Section 125 Cr.P.C. is amenable to the revisional jurisdiction of this Court and application under Section 482 Cr.P.C. is not maintainable. To support his submissions, he relies upon the order dated 25.4.2025 passed by a coordinate Bench of this Court in Application u/s 482 No.2041 of 2025 ( Mahipal Singh Vs. State of U.P. and 3 Others ) , in which, this precise issue in proceedings arising from Section 125 Cr.P.C. has been considered and the application under Section 482 Cr.P.C. was dismissed as not maintainable.

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3. On being confronted with this preliminary objection, Mr. Satyendra Pandey, Learned counsel for the applicant, though has tried to distinguish and challenge the applicability of the law cited by Mr. Pramod Kumar, Learned counsel for the opposite party No.2 but has requested that he be granted liberty to withdraw this application and prefer an appropriate proceeding by way of revision.

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4. In these circumstances, this application under Section 482 Cr.P.C. is

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A482 No. 23466 of 2024

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dismissed as withdrawn with the liberty to file an appropriate proceeding as advised under the law.

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5. It is made clear that this Court has not made any adjudication on the merits of the case.

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6. Certified copies may be returned to the Learned counsel for the applicant in the usual course.

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