Neutral Citation No. - 2025:AHC:82105 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17433 of 2025 Applicant :- Saurabh Mehrotra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaushalendra Nath Singh,Romeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Romeshwari Prasad, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, learned State Law Officer for the State/opposite party no.1. 2. This application under Section 528 of the BNSS has been filed by the applicant to set aside the entire proceedings of Case no. 207 of 2025 (Shweta vs. Saurabh) under Section 31 of Protection of Women from Domestic Violence Act, 2005 (In short the Act) inclusive of recovery warrant dated 07.02.2025 and Non Bailable Warrants dated 08.04.2025 passed by Civil Judge (J.D.), FTC-1, (Crime against Women), Ghaziabad against the applicant till the proceedings of Appeal no. 1309 of 2024 under Section 29 of D.V. Act is decided which is pending in the Court of District & Session Judge, Ghaziabad. 3. Learned counsel for the applicant has submitted that the proceedings under Section 12 of the Act was drawn by the opposite party no.2 wife against the husband which culminated into passing of an order dated 5.10.2024 by Additional Judge (J.D.) FTC-1/Judicial Magistrate, Ghaziabad, according granting relief to the opposite party no.2, under Section 18, 19, 20, 22 of the Act. Against the said order, the applicant claims to have preferred a Criminal Appeal No.1309 of 2024 accompanied with a delay condonation application. 4. Learned counsel for the applicant submits that to one reason or the other no order has been passed in the appeal on the stay application and on the other hand the opposite party no.2 has initiated proceedings under Section 31 of the Act and a recovery warrant has been issued on 7.4.2025 and non-bailable warrants dated 8.4.2025. He further submits that due to the transferring of the said case from one court to the other on account of one reason or the other the interest of the applicant is being jeopardised. 5. Prayer in the present application is for staying of the recovery warrant and non-bailable warrant which is being initiated pursuant to the orders under Section 31 of the Act. 6. Learned State Law Officer on the other hand submits that once the appeal is pending before the court below then it is for the applicant to approach the court below while filing an appropriate application for expediting the hearing of the appeal or for pressing stay application. 7. I have heard the submissions so made across the bar and perused the record. Apparently, in order came to be passed in favour of the opposite party no.2 on 5.10.2024 against which the applicant has preferred an appeal with a delay condonation application and the appeal itself is defective. 8. Looking into the over all fact situation, since appeal is also time barred and delay has not been condoned as stated by the learned counsel for the applicant, however, the applicant is within his right for consideration of the stay application/disposal of the appeal, thus, liberty is accorded to the applicant to approach the District Ghaziabad, who shall look into the matter and do the needful which is required in the interest of justice. 9. With the said observation, the application stands disposed of. Order Date :- 17.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad