KALIKA PRASAD AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/18627/2025 · 2025-05-22
Vikas Budhwar
Criminal Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 62663 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 62663 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:88323 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18627 of 2025 Applicant :- Kalika Prasad And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalji Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Shri Yashpal Yadav, learned counsel for the applicants and learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the impugned order dated 06.10.2018 passed by ACMM, Court No. 3, in Complaint Case No. 90/2015 (Smt. Pinki Vs Kalika Prasad) under section 12 DV Act, P.S- Bidhnu, Kanpur Nagar, appellate order dated 11.12.2019 passed by Additional Session Judge, Court No. 16, Kanpur Nagar in Criminal Appeal No. 209/2018 (Kalika Prasad Vs Smt. Pinki) and Recovery Order/warrant passed on 10.07.2022 and subsequent dates against the applicants by ACJM, Court No. 4, Kanpur Nagar. 3. Learned AGA has raised a preliminary objection regarding the maintainability of the present proceedings, as against the order dated 06.10.2018 passed by ACJM, Court No. 4, Kanpur Nagar, according maintenance to the opposite party no. 2. The applicants herein had preferred an appeal under Section 29 of the D.V. Act being Criminal Appeal No. 209 of 2018 wherein the order passed under Section 23 of the D.V. Act was modified. 4. Submission is that the order passed under Section 29 of the D.V. Act is amenable to a revision and the reliance has been placed upon a Full Bench decision of this Court in Dinesh Kumar Yadav
v. State of U.P. and another in Criminal Revision No. 582 of 2016 dated 27.10.2016. 5. Learned counsel for the applicants do not dispute the said fact. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of granting liberty to the applicants to prefer revision against the order dated
11.12.2019. 7. Learned counsel for the applicants submits that the revision would be barred by limitation, thus, delay be condoned. 8. In the opinion of the Court, once grounds are taken for condonation of delay then this Court has no reason to disbelieve that the same shall be considered with most expedition.
Order Date :- 23.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad