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2025 DAILYLAW 63110 (ALL)

SHIVANKAR RANA v. STATE OF U.P. AND ANOTHER

NA528/20595/2025 · 2025-07-15

Vikas Budhwar

body2025

Judgment text

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Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20595 of 2025 Applicant :- Shivankar Rana Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyan Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Gyan Prakash Mishra learned counsel for the applicant and Sri Moti Lal learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the order dated 25.04.2025 passed by learned Civil Judge (J.D.)/ Judicial Magistrate, Fast Track Court, Court No. 3, Bulandshahr in Complaint Case No. 833 of 2023 (Smt. Savita Vs. Shivankar Rana and others) under Sections 12, 18, 19, 20, 22 of Domestic Violence Act, P.S. Gulavathi District Bulandshahr. 3. Learned AGA has preliminary objection regarding maintainability of the present application on the ground that the order dated 25.4.2025 passed under Sections 12, 18, 19, 20, 22 of Domestic Violence Act granting interim maintenance is appealable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute to the said legal position. However, he submits that in case the applicant prefers appeal then it would be delayed thus the delay be condoned. 5. Having heard the submissions so made across the bar, the application stands disposed of, once the remedy of appeal under Section 29 of the D.V. Act is itself provided, it is for the applicant to take recourse to the said proceeding and in case there is no delay then it is also open for the applicant to take justifiable ground for condonation of delay. Order Date :- 16.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad