HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 14775 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned AGA for the State- respondent. 2. This application has been filed by applicant for quashing the order dated 11.5.2016 passed by Judicial Magistrate, Court No.14, Azamgarh in Criminal Misc. Case No.20 of 2015, Smt. Suman Maurya and another Vs. Dharmvir Maurya and others, under Section 12 of Protection of Women from Domestic Violence Act, 2005 and order dated 21.9.2024 passed by Judicial Officer, Gram Nayalaya, Lalganj, Azamgarh in Case No.1683 of 2024, Suman Vs. Darmveer and summoning order dated 4.1.2025 passed by Judicial Officer, Gram Nyayalaya, Lalganj, Azamgarh under Section 31(1) of Protection of Women from Domestic Violence Act in Case No.8001683 of 2024 (Suman Vs. Dharmvir, Police Station Mehnajpur, District Azamgarh. 3. Learned counsel for the opposite party no.2 has raised a preliminary objection that the order passed by the court concerned is appealable under Section 29 of the Protection of Women from Domestic Violence Act, 2005. 4. On a query being made to learned counsel for the applicant as to why the appeal has not been filed against the impugned order, learned counsel for the applicant submits that the summoning order has been issued based on concealment of fact on the ground that in respect of the same cause of action, another criminal proceedings and maintenance proceedings are Versus Counsel for Applicant(s) : Jagannath Singh Counsel for Opposite Party(s) : G.A., Shubham Maurya, Vinay Kumar Dharmvir Maurya .....Applicant(s) State of U.P. and Another .....Opposite Party(s) going on. 5. Be that as it may, it is not in dispute between the parties that the appeal would lie under Section 29 of the Act of 2005 before the court of sessions. 6. In view of the fact that the applicant has a remedy of filing an appeal, this Court is not inclined to entertain the present application. The present application is dismissed. However, in the event, the applicant files an appeal before the court concerned within a period of one month from today, the same shall be considered by the court concerned on merits without going into the question of limitation. October 15, 2025 Bhaskar NA528 No. 14775 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- BHASKAR High Court of Judicature at Allahabad Digitally signed by :- BHASKAR High Court of Judicature at Allahabad