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2021 Supreme(All) 80

YOGENDRA KUMAR SRIVASTAVA
Mithilesh Maurya – Appellant
Versus
State of U. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Aradhana Singh, Moti Lal

JUDGMENT :

1. Heard Sri Moti Lal, learned counsel for the applicant and Sri Vinod Kant, learned Additional Advocate General, assisted by Sri Arvind Kumar, learned A.G.A., for the State opposite party no.1.

2. The present application filed under Section 482 Cr.P.C., seeks quashing of an order dated 15.10.2020, passed by the Additional Principal Judge, Family Court No. 1, Azamgarh, in proceedings in Case No. 56 of 2018 (Drumlata Maurya vs. Mithlesh Maurya) filed under Section 125 of Cr.P.C., Police StationDeedarganj, District Azamgarh.

3. In terms of the order dated 15.10.2020, which is sought to be quashed, the application (paper no. 18Kha) filed by the opposite party no.2Smt. Drumlata Maurya, seeking interim maintenance, has been allowed.

4. Learned Additional Advocate General appearing for the State respondents, has raised an objection with regard to the maintainability of the present petition on the ground that the order dated 15.10.2020, which is sought to be challenged, relates to grant of interim maintenance, which is subject to final adjudication on the main petition filed under Section 125 Cr.P.C. It is submitted that it is open to the applicant to raise all his objections befor

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