HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7214 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Heard learned counsel for the parties. The instant application has been preferred seeking following main relief(s):- "WHEREFORE, it is most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the proceedings of learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow, Criminal Misec. Case No.3571 of 2024 and complain case No.1580 of 2014 (Kalpana singh Vs Atul kumar singh and other), under section 12 D.V. Act, police station Nagram, District Lucknow, pending in the court of the learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow and also for the quashing of the recovery warrant order dated on 23.04.2025, passed by the learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow, and the learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow, order dated 04.03.2024 in complain case no 1580 of 2014 (Kalpana singh Vs Atul kumar singh and other), under section 12 D.V. Act, police station Nagram, District Lucknow, whereby the petitioner has been issued recovery warrant dated 23.04.2025, as accused under section 12 D.V Act, ANEXXURE No.1&2&3 respectively may kindly be quashed. It is further prayed that the proceedings of the learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow, Criminal Misec. Case No.3571 of 2024 and complain case No.1580 of 2014 (Kalpana singh Vs Atul kumar singh and other), under section 12 D.V. Act, police station Nagram, District Lucknow, pending in the court of the learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow and also for the Versus Counsel for Applicant(s) : Shiv Shankar Verma, Pankaj Kumar Counsel for Opposite Party(s) : G.A. Atul Kumar Singh @ Atul Pratap Singh .....Applicant(s) The State Of U.P. Thru. Prin. Secy. Home Lko. Prin. Secy. Home Lko. And Another .....Opposite Party(s) quashing of the recovery warrant order dated on 23.04.2025, passed by the learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow, and the learned Additional chief Judicial Magistrate 4th Room No 28, Lucknow, order dated 04.03.2024 in complain case no 1580 of 2014 (Kalpana singh Vs Atul kumar singh and other), under section 12 D.V. Act, police station Nagram, District Lucknow, whereby the petitioner has been issued recovery warrant dated 23.04.2025, as accused under section 12 D.V Act., ANEXXURE No.1&2&3 respectively may kindly remain stayed during the pendency of the instant petition." At the very outset, learned AGA raised a preliminary objection regarding entertainability of this application. He stated that in view of Section 29 of Protection of Women From Domestic Violence Act, 2005 (in short "Act of 2005"), the applicant is having a remedy of filing an appeal before the Court of Session challenging the order passed by the Magistrate concerned. Considering the aforesaid, this Court is not inclined to entertain the present application. It is accordingly disposed of with liberty to the applicant to approach the court concerned by preferring an appeal, which shall be decided by the court concerned, most expeditiously, if the applicant prefers the aforesaid appeal within ten days from today. With the aforesaid, the present application is disposed of finally. September 1, 2025 Arun/- A482 No. 7214 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench