Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 65670 (ALL)

PREM SINGH v. STATE OF U.P. AND ANOTHER

NA528/20018/2025 · 2025-07-20

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:117605 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 20018 of 2025 Applicant :- Prem Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umair Mahmood Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Umair Mahmood, learned counsel for the applicant and Sri Abhishek Tripathi, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the Judgement and Order dated 14.08.2023 passed by the Court of Additional Chief Judicial Magistrate, Nagina, Bijnor in Case No. 489 of 2022 (Jyoti Devi vs. Prem Singh and others), under Section 23 of Protection of Women from Domestic Violence Act, 2005, P.S Nagina, District Bijnor. 3. Learned A.G.A. has raised a preliminary objection that against an order dated 14.06.2023 according interim maintenance and certain directions passed by the Addl. Chief Judicial Magistrate, Nagina, Bijnor, an appeal lies under Section 29 of the Act. 4. Learned counsel for the applicant could not dispute the said legal position, however he submits that there would be delay in preferring appeal and the delay be condoned. 5. Having heard the submissions so made across the Bar, since there lies an alternative efficacious remedy in preferring an appeal under Section 29 of the Act, thus the application stands disposed of leaving it open to the applicant to prefer an appeal under Section 29 of the Act and in case there is any delay, then it is always open for the applicant to raise justifiable grounds for condonation of delay. Order Date :- 21.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad