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2025 DAILYLAW 100858 (ALL)

ANAND SHARMA v. STATE OF U.P. AND 2 OTHERS

NA528/38121/2025 · 2025-10-05

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38121 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Joveen Kumar, learned counsel for the applicants and Sri Bhuwal Vishwakarma, learned A.G.A. 2. Learned counsel for the applicant submits that though the present application has been preferred by the applicant for quashing the Complaint Case No. 295 of 2021 (Nupur Pandey Versus Anand Sharma) under section 23 of Protection of Women from Domestic Violence Act-2005, Police Station Naini, District Prayagraj, pending in the court of learned Civil Judge (Junior Division), F.T.C. (Courts Relates to Crime against Women), Court No. 21, Allahabad, however, he seeks to question the order dated 11.10.2022 as well as the order rejecting the recall application dated 16.05.2023 by filing an appeal under Section 29 of the Act. He submits that there would be delay in filing the appeal as such the same be condoned. 3. Learned A.G.A. has no objection to the same. 4. Having heard the submissions so made across the Bar, this Court is of the opinion that once since a remedy lies of an appeal under Section 29 of the D.V. Act, thus this Court is not inclined to interfere in the present proceedings. 5. In the opinion of the Court, once an appeal is preferred taking all the grounds, which are permissible for condonation of delay, then this Court has Versus Counsel for Applicant(s) : Joveen Kumar Counsel for Opposite Party(s) : G.A. Anand Sharma .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) no reason to disbelieve, that the same shall be decided with most expedition strictly in accordance with the law of the land. 6. With the above observations, the application stands disposed of. October 6, 2025 N.S.Rathour NA528 No. 38121 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad