Neutral Citation No. - 2025:AHC:54361 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12327 of 2025 Applicant :- Ramesh Kumar Bharati Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyamdhar Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Shyamdhar Pandey, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant to quash the Order dated 10.1.2025 passed by Additional Chief Judicial Magistrate Court No. 16, Allahabad in Complaint Case No. 356 of 2024 (Sunita Versus Ramesh and other) as well as proceeding in respect of Complaint under section 12 Domestic violence. Act, which is pending before Additional Chief Judicial Magistrate Court No. 16, Allahabad. 3.Learned counsel for the applicant submits that the order dated 10.01.2025 passed by the Addl. Chief Judicial Magistrate, Court No.16, Allahabad cannot be sustained as without considering the matter, an exparte interim maintenance order has been passed under Section 23 of the D.V. Act. 4. Learned A.G.A. on the other hand has raised the question of maintainability of the application on the ground that the appeal lies under Section 29 of the D.V. Act. 5. The said objection has not been disputed by the learned counsel for the applicant. 6. Accordingly the application stands disposed of granting liberty to the applicant to prefer appeal under Section 29 of the D.V. Act or to avail other remedy under the Act. Order Date :- 15.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad