VINOD KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6451/2025 · 2025-05-07
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22979 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22979 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:75440 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6451 of 2025 Applicant :- Vinod Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Prakash Giri Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Shashi Prakash Giri, learned counsel for the applicants as well as Sri S.P. Singh, learned State Law Officer.
2. This is an application filed U/s 528 BNSS for quashing the impugned order dated 14.07.2022 passed by the court of learned Judicial Magistrate/ FTC, Mathura in Complaint Case No. 1720 of 2022 (Smt. Savita vs. Vinod Kumar and Ors) U/s 12 of Domestic Violence Act, P.S. Refinery District Mathura.
3. The learned State Law Officer has raised a preliminary objection regarding the maintainability of the present proceedings since the order which is impugned dated 14.07.2022 has been passed under Section 12 of D.V. Act which is appealable under section 29 of the Act.
4. Learned counsel for the applicant submits that in case the applicants prefers an appeal then there would be delay.
5. Having hear the submission so made across the bar and in the background of the fact that already a statutory remedy by way of an appeal under section 29 of the Act is lies, this Court is not interfering at the stage. The application stands disposed of granting liberty to the applicant to prefer an appeal.
6. In case the applicants prefer an appeal along with the delay condonation application, this Court has no reasons to disbelieve that the same shall be decided strictly in accordance with law as per the law of the land. Order Date :- 8.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad