Neutral Citation No. - 2025:AHC:47418 Court No. - 81 Case :- MATTERS UNDER ARTICLE 227 No. - 3039 of 2025 Petitioner :- Avneet Dey Respondent :- State Of U.P. And 4 Others Counsel for Petitioner :- Vipin Kumar Counsel for Respondent :- G.A. Hon'ble Ms. Nand Prabha Shukla,J. Heard learned counsel for the petitioner, learned A.G.A. for the State and perused the record. The present petition under Article 227 of the Constitution of India has been filed with the following prayers:- "a) Issue an order or direction to set aside the Order dated 07.01.2025 passed by Additional Chief Judicial Magistrate, Court No. 3, District-Meerut in Case No. 1326 of 2023 titled Sandeep Dey and others Vs. Avneet Dey whereby the learned Magistrate has allowed the restoration application dated 05.07.2023 and set aside the order dated 17.12.2022 and restore the proceeding of Complaint Case No. 14671 of 2022 Avneet Dey Vs. Sandeep Dey and others under Sections 12, 18, 19, 20 and 22 of the Protection of Women from Domestic Violence Act, 2005. b) Issue an order or direction to direct the respondent No. 2 to pay maintenance Rs. 8,000/- per month to the petitioner and Rs. 10,000/- per month maintenance to his minor daughter Ria." It has been submitted by learned counsel for the petitioner that the order dated 07.01.2025 passed by Additional Chief Judicial Magistrate, Court No. 3, Meerut has been passed recalling the exparte order dated 17.12.2022 which is expressly barred by Section 362 Cr.P.C. The absence of the respondents is deliberate and intentional in order to delay the proceedings. The said order is appealable under Section 29 of the Protection of Women From Domestic Violence Act. Considering the aforesaid submission, the order dated 07.01.2025 is hereby set aside. However, the parties may seek appropriate remedy as provided under the law. With the aforesaid directions, the petition is disposed of. Order Date :- 4.4.2025/Shivani Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad