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2025 DAILYLAW 73086 (ALL)

VINAY MISHRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/24155/2025 · 2025-07-10

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:110773 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 24155 of 2025 Applicant :- Vinay Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Kumar Yadav,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mahendra Kumar Yadav, learned counsel for the applicants and Sri Bhuwal Vishwakarma, learned A.G.A. for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the impugned order dated 03.01.2022 passed by learned Judicial Officer, Village Court, Tehsil Tirwa, District Kannauj in Case No. 932/2021 (Aruna Mishra VS. Vinay Mishra and others) under section 12 of Domestic Violence Act, Police Station Indargarh, District Kannauj.. 3. Learned A.G.A. has raised preliminary objection regarding maintainability of the present application, particularly on the premise that against an exparte order passed under section 12 of Domestic Violence Act, an appeal lies under Section 29 of the Act. 4. Learned counsel for the applicant could not dispute the said fact. 5. Accordingly the application stands disposed of granting liberty to the applicant to prefer an appeal under Section 29 of the Act. 6. At this stage, learned counsel for the applicant submits that there would be delay in filing the appeal. 7. In the opinion of the Court, in case, a delay condonation application is preferred taking justifiable grounds, then this Court has no reason to disbelieve that the same shall be decided in correct perspective. Order Date :- 11.7.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad