NARENDRA SINGH AND ANOTHERS v. State of U.P. AND ANOTHER
NA528/41088/2024 · 2025-07-23
Vikas Budhwar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 109250 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109250 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:121865 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 41088 of 2024 Applicant :- Narendra Singh and anothers Opposite Party :- State of U.P. and another Counsel for Applicant :- Jyoti Kumar Singh, Sr. Advocate, Vishakha Pande Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Y. Benu Gopal Bajpai (AoR A/Y 0899/22) holding brief of Ms. Vishakha Pandey, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State.
2. This application u/s 528 of BNSS has been preferred to set aside/quash the impugned order dated 19.01.2023 (Аппexure No. 3 to this affidavit) passed by the J.M./Civil Judge (Junior Division)/Fast Track Court, Court No. 01, Agra in Complaint Case No. 3935 of 2020 (Smt. Vimla Devi @ Varsha Vs. Smt. Keshar Devi & Others) as well as the impugned order dated 08.11.2023 (Annexure No. 7 to this affidavit) passed by the Additional Sessions Judge, Court No. 15, Agra in Criminal Appeal No. 136 of 2023 (Narendra Singh & Another Vs. State of U.P. & Another) arising out of the proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005.
3. Learned State Law Officer has raised a preliminary objection regarding maintainability of the present proceedings since the orders which are being subject matter of challenge are the order dated 19.01.2023 according interim protection under Section 12 of the DV Act as well as the order dated 08.11.2023 passed by the Additional Sessions Judge, Court No. 15, Agra in Criminal Appeal No. 136 of 2023 (Narendra Singh & another Vs. State of U.P. & another) in view of that the fact that a revision would lie in view of the judgment in Dinesh Kumar Yadav v. State of U.P. and others; Criminal Revision No. 582 of 2016 decided on
27.10.2016.
4. Learned counsel for the applicants could not dispute the legal position.
5. Accordingly, the application stands disposed of granting liberty
to the applicants to prefer a revision.
6. Certified copy be returned subject to submission of photocopy of the same. Order Date :- 24.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad