IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL Criminal Writ Petition No. 238 of 2009 Rakesh Bhardwaj, S/o Sri Laxman Prasad. ……… Petitioner Versus State of Uttarakhand and others. ……... Respondents Mr. Vinod Sharma, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder f espondent no. 1. or r None for respondent nos. 2 & 3. Hon’ble J.C.S. Rawat, J. Mr. Vinod Sharma, Advocate for the petitioner. Mr. B.S. Parihar, Brief Holder for respondent no. 1. None for respondent nos. 2 & 3. 2. The present petition has been preferred by the petitioner for seeking following relief: (i) Issue a writ, order or direction in the nature of certiorari to quash the order dated 25.8.2005 passed by learned Judge, Family Court in case no. 346 of 2004 Smt. Anjali alias Kusum Vs. Sri Rakesh Bhardwaj Undr Section 125 Cr.P.C. (Annexure- 3). (ii) Any other such order or direction which this Hon’ble High Court may deem fit and proper in the facts and circumstances of the case. (iii) Award and the cost of writ petition of the petitioner. 3. The learned Family Court vide its order dated 25.08.2005 directed the petitioner to pay a sum of Rs. 2,000/- to respondent no. 2 and Rs. 1,000/- per month to respondent no. 3 for interim maintenance. The family court further directed to place the matter on 17.10.2005 for evidence. 4. It is evident that the aforesaid order passed u/s 125 Cr.P.C is for interim maintenance only. 5. The learned Brief Holder raised a preliminary objection that this petition is not maintainable as other efficacious remedy is available to the petitioner u/s 482 Cr.P.C before this Court. 6. Having regard to the facts & circumstances of the case as well as the contentions of the learned counsel for the parties, I find that the petitioner should have filed a petition u/s 482 Cr.P.C instead of filing this petition. Thus, the petitioner is not maintainable. 7. In view of above, the petition is liable to be dismissed and is hereby dismissed. As the matter is pending since long, the trial court is directed to dispose of the matter expeditiously preferably within three months from receiving of this order. (J.C.S. Rawat, J.) 04.05.2009 V.K