Neutral Citation No. - 2025:AHC:37222 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 8460 of 2025 Applicant :- Arastu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ansar Ahmad,Sandhya Chaturvedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Irshad Amhad (AOR A/I 0067/2012) holding brief of Sri Ansar Ahmad, learned counsel for the applicants and Sri Jyoti Singh, learned AGA for the State. 2. In view of the order which is being proposed to be passed, notice is not being issued to opposite party No. 2. 3. This application U/s 528 of the BNSS filed for quashing the impugned order dated 16.08.2024 as well as the entire proceedings of Complaint Case No. 935 of 2024, under Section 12 of the Domestic Violence Act, 2005, P.S. Auraiya, District Auraiya, pending in the Court of learned Civil Judge (J.D./F.T.C./C.A.W.), Auraiya, District Auraiya. 4. Learned counsel for the applicants has submitted that a complaint stood lodged under Section 12 of the Domestic Violence Act, 2005 against the applicant no. 1 who is Devar, applicant No. 2 is Devrani and Dhirendra Singh is also Devar and other accused. According to the learned counsel for the applicants, the applicant is already working in the Fishery Department and before the time when the complaint was lodged on 16.08.2024, he stood transferred on 17.03.2023 from Auraiya to Fatehpur and while drawing attention towards para 9, it is contended that the applicants No. 2 and 3 are also residing with him at Fatehpur. Submission is that for invocation of the proceedings under the D.V. Act, 2005, the applicant cannot be made as a respondent particularly when they do not answer the description of Section 2(q) of Domestic Violence Act, 2005. He further submits that the proceedings cannot be drawn against him and there is no question of summoning the applicants. 5. Learned AGA, on the other hand, submits that from the perusal of the order which is being subject matter of challenge is nothing but an order for issuing notice and, thus, the applicant may respond to the same. 6. Having heard the arguments made across the bar, this Court, at this juncture, is not required to go into the said aspect of the matter only when the notice has been issued and it is always open for the applicants to respond to the said notice taking all the legal and factual grounds in this regard and it is expected that any response submitted shall be decided strictly in accordance with law. 7. Accordingly, the application stands disposed of. Order Date :- 17.3.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad