RAVINDRA SINGH AND 2 OTHERS v. STATE OF U.P. AND 2 OTHERS
NA528/10768/2025 · 2025-04-03
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35528 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35528 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:47348 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10768 of 2025 Applicant :- Ravindra Singh And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ramesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Ramesh Kumar Kannaujia, learned counsel for the applicants, who are three in number, and Sri Abhishek Tripathi, learned A.G.A. for the State.
2. This is an application under Section 528 of BNSS preferred by the applicants for setting aside the ex-parte order dated 12.03.2024 passed by Civil Judge (Jr. Div.)/ Fast Track Court No. 1, Agra, in Complaint Case No.: 506 of 2022 (Smt. Mamta and another Vs. Ravindra and others) U/s 12 Protection of Women From Domestic Violence Act, 2005, Police Station Étmadaula, District Agra.
3. Learned counsel for the applicants submits that an exparte order stood passed by the Civil Judge (Jr. Div.)/ Fast Track Court No. 1, Agra on 12.03.2024 under Section 12 of Domestic Violence Act and pursuant whereto now recovery proceedings have been initiated.
4. Learned A.G.A. on the other hand submits that the order itself is appealable under Section 29 of the D.V. Act.
5. To such a submission, learned counsel for the applicant could not dispute.
6. Accordingly, no interference is warranted and the application stands disposed of granting liberty to the applicants to avail legal remedy available under law. Order Date :- 4.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad