VIDHAN KULSHRESHTHA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/13375/2025 · 2025-04-28
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36696 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36696 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:66590 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13375 of 2025 Applicant :- Vidhan Kulshreshtha And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gopi Krishna Sood,Mohit Behari Mathur Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Mohit Behari Mathur, learned counsel for the applicant and Sri J.P. Gupta, learned AGA for the State.
2. This application u/s 528 of BNSS has been filed for quashing the ex parte order dated 22.07.2024 passed by learned Civil Judge (JD)/FTC-2, Muzaffar Nagar in Case No. 1364 of 2023 (Smt. Prakriti Kulshreshtha Versus Vidhan Kulshreshtha and others) under Sections 12/18/20/22/23 of the Protection of Women from Domestic Violence Act, 2005 (In short 'Act') Police Station- Civil Lines, District- Muzaffarnagar.
3. Learned AGA submits that order in question which is subject matter of challenge on 22.7.2023 is appealable under Section 29 of the Act.
4. Learned counsel for the applicants could not dispute the said fact.
5. Accordingly, the application is disposed of granting liberty to the applicant to prefer appeal as provided under Section 29 of the Act.
6. At this stage, learned counsel for the applicant submits that the appeal would be time barred, thus, the delay be condoned. He further submits that the certified copy be returned subject to furnishing of the photocopy.
7. In the opinion of the Court, it is always open for the applicant to take the benefit of Limitation Act if applicable.
8. Office is directed to return the certified copy of the document which has been filed subject to furnishing of the photocopy. Order Date :- 29.4.2025/piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad