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Neutral Citation No. - 2025:AHC:62817 Court No. - 73 Case :- APPLICATION U/S 482 No. - 43141 of 2024 Applicant :- Sandip Kesharwani Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Kumar Kesari Counsel for Opposite Party :- G.A.,Itendra Singh,Suresh Bahadur Singh Hon'ble Vikas Budhwar,J.
1. Heard Sri Shiv Kumar Kesari, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State.
2. This application u/s 482 of Cr.P.C. has been filed for quash the impugned order dated 29.03.2023 passed by Learned Judicial Officer/Nyayadhikari, Gram Nyayalaya, Tehsil Meja, Allahabad as well as order of passing Recovery Warrant in Complaint Case No. 699 of 2020 (Shivani Kesharwani Versus Sandip Kesharwani and Others) U/s 12 of the Protection of Women from Domestic Violence Act, 2005, Police Station- Meja, District- Allahabad, pending in the court of Learned Judicial Officer/Nyayadhikari, Gram Nyayalaya, Tehsil- Meja, Allahabad.
3. Learned State Law Officer has raised a preliminary objection regarding maintainability of the present proceedings on the ground that the order passed under Section 23 of the D.V. Act is appealable under Section 29. The said proposition could not be disputed by the applicant.
4. Accordingly, the application is disposed of granting liberty to the applicant to file appeal. Order Date :- 23.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad