Neutral Citation No. - 2025:AHC:82964 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17589 of 2025 Applicant :- Lavkush And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ashish Kumar, learned counsel for the applicants seeks to withdraw the present application, wherein challenge has been made to the order dated 11.04.2025 passed in Criminal Revision No.190 of 2024, Urmila Devi Vs. State of U.P. against the order dated 17.09.2024, whereby the recall application preferred by the applicant for recalling the exparte order passed under Section 12 of the D.V. Act was held to be not maintainable. Learned counsel for the applicants submits that against exparte order dated 15.09.2019 passed in proceeding under Section 12 of D.V. Act by Chief Judicial Magistrate, Maharajganj, the applicant shall be preferring an appeal. 2. Learned A.G.A. has no objection to the same. 3. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicants to prefer an appeal under Section 29 of the D.V. Act before the court below. 4. At this stage, learned counsel for the applicants submits that there would be delay in filing the appeal, hence learned court below be directed to condone the delay. 5. In the opinion of the Court, once a delay condonation application is preferred in the appeal, then the Court shall decide the same in correct perspective. 6. Certified copy be returned subject furnishing photocopy of the same. Order Date :- 19.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad