Dismissed¶16

Dinesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC13 May 2026A482/3984/2026

Case brief

AI extract

What is this about?

Scope of Section 482 Cr.P.C. power where a statutory revision is pending against the underlying order; interplay of Sections 125 and 128 Cr.P.C.; stay/refusal to stay recovery-warrant (execution) proceedings during pendency of Criminal Revision No.473 of 2024 with condonation-of-delay notice served; direction to seek interim relief within the pending revision; rejection of quashing application. Parties: Dinesh Kumar vs State of U.P. and another; Forum: Family Court, Sultanpur; Court: Allahabad High Court, Lucknow Bench, Court No. 15, Brij Raj Singh, J.

What did the court decide?

Once a revision is pending against the order passed by the court below under Section 125 Cr.P.C., this Court cannot exercise its power under Section 482 Cr.P.C. ¶15

Dinesh Kumar vs State of U.P. Thru. Prin. Secy… — Maintenance and Alimony | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 482 No. - 3984 of 2026

Dinesh Kumar

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Krishna Kumar Dubey Counsel for Opposite Party(s) : G.A.

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Court No. - 15

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HON'BLE BRIJ RAJ SINGH, J.

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Heard learned counsel for the applicant and learned AGA for the State.

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This application has been filed seeking quashing of the impugned order (recovery warrant) dated 6.12.2025 passed by the Principal Judge, Family Court, Sultanpur, in Criminal Misc. Case no.647 of 2024 (Smt. Sarojwati vs. Dinesh Kumar) under Section 128 Cr.P.C., Police Station Baldirai.

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It has been submitted by learned counsel for the applicant that the maintenance order was passed under Section 125 Cr.P.C. on 17.8.2025 against the applicant, which was challenged by him before this Court in Criminal Revision No.473 of 2024 along with an application for condonation of delay. This Court had issued notice on the application for condonation of delay to opposite party no.2. Learned counsel has submitted that notice has been served upon opposite party no.2, but till date, no interim order has been granted by this Court and in the meantime, opposite party no.2 has filed an application under Section 128 Cr.P.C. for compliance of the order passed by the court below under Section 125 Cr.P.C. He has submitted that the proceedings under Section 128 Cr.P.C. are liable to be stayed till pendency of the revision or till a decision on the application for interim relief is taken by the High Court in the aforesaid revision.

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After going through the record, it is amply clear that the maintenance

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A482 No. 3984 of 2026

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order was passed on 17.8.2019 against which, a time barred revision preferred by the applicant is pending before this Court and as per the submission of learned counsel for the applicant, service has also been effected on opposite party no.2. This Court is of the opinion that the applicant may move an application for interim relief, if any, in the pending revision, but this Court cannot exercise its power under Section 482 Cr.P.C. once the revision is pending against the order passed by the court below under Section 125 Cr.P.C.

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The application is devoid of merit. It is accordingly rejected .

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(Brij Raj Singh,J.)

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May 13, 2026

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Sachin

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Digitally signed by :- SACHIN MEHROTRA High Court of Judicature at Allahabad, Lucknow Bench

Dinesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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Dinesh Kumar v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What the court decided

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