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Neutral Citation No. - 2025:AHC:48379 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10822 of 2025 Applicant :- Vinay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ajay Kumar Dwivedi, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A.
2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the the Judgment dated 09.02.2024 passed by Additional Chief Judicial Magistrate, Firozabad, in Case No.316 of 2023, Under Sections 12, 18, 19, 20, 21 and 22 in Domestic Violence Act, Police Station Pachokhra, Distirct- Firozabad..
3. Learned counsel for the applicant has submitted that the order, which is subject matter of challenge is an exparte order under Sections 12, 18, 19, 20, 21 and 22 of Domestic Violence Act, which could not have been passed.
4. Learned A.G.A. submits that under Section 23 of the D.V. Act, an exparte order can be passed. He submits that the order is appealable and there are also other remedy available under the Act.
5. Learned counsel for the applicant does not dispute the said fact.
6. The application stands disposed of granting liberty to the applicant to take appropriate remedy as available under the statute. Order Date :- 5.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad