HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38419 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for applicant and learned AGA for the State. 2. The present application has been filed with the following prayer: "It is, therefore, most respectfully prayed that this Hon'ble court may graciously be pleased to allow this application and further be pleased the entire proceedings of case no. 227 of 2024 (Smt. Akansha Vs. Deepak Banswal and others) Under Section 12 of D.V. Act, pending before the Court of Judicial Magistrate, Sambhal at Chandausi, in the interest of justice. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of case no. 227 of 2024 (Smt. Akansha Vs. Deepak Banswal and others) Under Section 12 of D.V. Act, pending before the Court of Judicial Magistrate, Sambhal at Chandausi, in the interest of justice, during the pendency of present 528 application before this Hon'ble Court. And/or pass such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and hard injury." 3. It is submitted by learned counsel for applicant that proceedings have been challenged under the Domestic Violence Act by the husband. 4. On a query being made to learned counsel for applicant as to how Versus Counsel for Applicant(s) : Deepak Rana Counsel for Opposite Party(s) : G.A. Deepak Banswal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) present application under Section 528 BNSS is maintainable at this stage when no adverse order has been passed in the complaint proceeding, learned counsel for applicant submits that he may be permitted to withdraw the present application under Section 528 BNSS with liberty to file the same at appropriate stage when the cause of action arises. 5. Accordingly, the application under Section 528 BNSS is dismissed as withdrawn with aforesaid liberty. 6. Certified copy, if any, shall be returned to learned counsel for applicant after keeping a photo copy of the same. October 7, 2025 D. Tamang NA528 No. 38419 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad