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2025 DAILYLAW 38633 (ALL)

CHAMAN ALIAS AMIT SHAKYA v. STATE OF U.P. AND ANOTHER

NA528/11803/2025 · 2025-04-09

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52469 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11803 of 2025 Applicant :- Chaman Alias Amit Shakya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girja Shanker Sen,Krishna Dutt Awasthi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri K.D. Awasthi, learned counsel for the applicant and Sri Moti Lal, learned A.G.A., who appears for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the the impugned order dated 24.02.2025. passed by Additional Civil Judge (J.D.)/ Judicial Magistrate, Bisauli, Budaun on application under section 19 of the Protection of Women from Domestic Violence Act, 2005 arising out of Misc. Complaint No. 230 of 2017 (Saraswati @ Lado Vs. Chaman @ Amit Shakya and others) U/s 12 of the Protection of Women from Domestic Violence Act, 2005, P.S. Bisauli, District- Budaun. 3. Learned counsel for the applicant has submitted that an order has been passed by the Addl. Civil Judge (J.D.)/Judicial Magistrate, Bisauli, Budaun on 24.02.2025 under Section 19 of the Protection of Women from Domestic Violence Act, 2005. 4. Learned A.G.A. has raised a preliminary objection regarding the maintainability of the present application, as there exists provision of filing an appeal under Section 29 of the D.V. Act. 5. Learned counsel for the applicant does not dispute the said fact. 6. Considering the submissions raised at the Bar and the statements so sought to be made by them, the application stands disposed of, while observing that the applicant may avail remedy of filing of appeal under Section 29 of the D.V. Act before the appropriate court, and in case such an appeal is preferred before the court below, then the same shall be decided with most expedition strictly in accordance with the law of the land. Order Date :- 10.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad