Neutral Citation No. - 2025:AHC:101208 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20233 of 2025 Applicant :- Sakir Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ashok Kumar Dwivedi,Deepankar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashok Kumar Dwivedi, learned counsel for the applicant and Sri S.P. Singh, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 16/04/2025 and 16/05/2025 passed by Judicial Magistrate, Iglas, Distt- Aligarh in case No. 60/11/2022 C.N.R. No., UPAL- 18000959/2022 Rubi and other Vs. Sakir and others under sec. 12,18,19,20 and 22 the protection of women from Domestic Violence Act 2005. 3. Learned counsel for the applicant has submitted that the opposite parties have initiated proceedings under Sections 12, 18, 19, 20 and 22 of the Domestic Violence Act, pursuant whereto an order came to be passed for interim maintenance under Section 23 of the D.V. Act on 15.02.2025. 4. Questioning the said order, an appeal came to be preferred by the applicant along with the delay condonation application and stay application, however, during the pendency of the said application, now recovery warrants have been issued. Learned counsel for the applicant submits that the recovery warrants be stayed, till disposal of the appeal, which is accompanied with the appeal. 5. Learned A.G.A. on the other hand submits that from the perusal of the documents available on record, apparently, the appeal has been preferred with delay and an application for condonation of delay is also being preferred. He submits that it is for the applicant to press for condonation of delay and get an interim order. 6. I have heard the submissions so made across the Bar and perused the record carefully. 7. Apparently, post-lodging of the complaint under Sections 12,18,19,20 and 22 of the Domestic Violence Act, an order came to be passed under Section 23 of the Act on 15.02.2025 against which the applicant has preferred an appeal accompanied with delay condonation application and a stay application. On a pointed query being raised to the learned counsel for the applicant as to whether the delay has been condoned, he submits that the delay condonation application is still pending. In the opinion of the Court, it is for the applicant to pursue and press the delay condonation application as well as the stay application. 8. Accordingly, the application stands disposed of granting liberty to the applicant to avail the remedy and to pursue and press the delay condonation application and the stay application, which is stated to be still pending in appeal and this Court has no reason to disbelieve that the same shall be decided with most expedition without granting unnecessary adjournments. Order Date :- 1.7.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad