Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 54401 (ALL)

AAS MOHAMMAD v. STATE OF U.P. AND ANOTHER

NA528/16946/2025 · 2025-05-20

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:85189 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16946 of 2025 Applicant :- Aas Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kanhaiya Mishra,Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Vinay Kumar Singh has filed his vakalatnama on behalf of applicant, which is taken on record. 2. Heard Sri Vinay Kumar Singh along with Sri Sandeep Tripathi, learned counsel for the applicant and Sri Moti Lal, learned A.G.A. 3. This is an application under Section 528 of BNSS preferred by the applicant for quashing the interim maintenance order dated 06.01.2025 in Complaint Case no 82/2024 (Smt Sumaiyaa Vs Aas Mohammad) passed by Additional Civil Judge/ Additional Chief Judicial Magistrate Deoband, Saharanpur.. 4. Learned A.G.A. has objected to the maintainability of the proceedings on the ground that there happens to be a remedy by way of an appeal under Section 29 of the D.V. Act. 5. Learned counsel for the applicant could not dispute the same. 6. Accordingly, the application stands disposed of granting liberty to the applicant to file an appeal under Section 29 of the D.V. Act taking all the legal and factual grounds, which are available and permissible under law. Order Date :- 21.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad