MAIRUDDIN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11642/2025 · 2025-04-14
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37090 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37090 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:55338 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11642 of 2025 Applicant :- Mairuddin And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Kumar Singh,Subodh Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Subodh Pandey, learned counsel for the applicants as well as Sri J.P. Gupta.
2. This is an application filed under Section 528 BNSS for quashing the impugned order dated 10.01.2025 passed by learned Additional District & Session Judge/Special Judge (E.C. Act), Room No.4, Deoria whereby appeal filed by applicants have been rejected as well as quash the impugned order dated 06.10.2022 passed by learned Civil Judge (J.D.)/F.T.C. I, Deoria in Domestic Case No.3088/2018 (Robina Khatun Vs. Mairuddin).
3. Learned AGA has raised a question about the maintainability of the present application on the ground that revision would be maintainable against the same, in view of the provisions contained under Section 357/401 of Cr.P.C./442 of the BNSS.
4. Learned counsel for the applicant could not dispute the said fact.
5. Accordingly, the application is dismissed as withdrawn with the liberty to applicant to take appropriate remedy as available under the Cr.P.C./BNSS.
6. At this stage, Sri Subodh Pandey, learned counsel for the applicants submits that revision if filed would be time barred.
7. In the opinion of the Court, it is always open for the applicants to seek condonation of delay on the ground that he was pursuing his remedy before the wrong forum.
8. Certified copies shall be returned to learned counsel for the applicants keeping the photostat copy of the same. Order Date :- 15.4.2025 S.A. Digitally signed by :- SALMAN AHMAD High Court of Judicature at Allahabad