Neutral Citation No. - 2025:AHC:70893 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15517 of 2025 Applicant :- Ahteshamuddin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Radha Kant Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Radha Kant Singh learned counsel for the applicant as well as Sri J.P. Gupta learned AGA for the State/opposite party no.1. 2. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the interim order dated 7.3.2025 passed by Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.5, Banda in Complaint Case No.86/IX/2024 (Smt. Sabiha Khatoon Vs. Ahteshamuddin and others), under Section 23 of Protection of Women From Domestic Violence Act, 2005, pending before the court of Additional Civil Judge (J.D.)/Judicial Magistrate, Court No.5, Banda. 3. Learned A.G.A. at the very outset raised a preliminary objection regarding maintainability of the present proceedings particularly in view of the fact that there lies an alternate efficacious remedy of preferring appeal under Section 29 of the Act, 2005 against the order passed under Section 23 of the Act, 2005. 4. To such an objection, learned counsel for the applicant could not dispute the said position. 5. Looking into the facts and circumstances of the case that the remedy lies under the statute, thus this Court is not interfering in the present proceeding. 6. Accordingly, the application stands disposed of granting liberty to the applicant to challenge the order dated 7.3.2025 while preferring an appeal under Section 29 of the Act,2005. 7. Office is directed to return the certified copy of the document which has been filed subject to furnishing of the photocopy. Order Date :- 5.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad