Neutral Citation No. - 2025:AHC:132272 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 25886 of 2025 Applicant :- Santosh Pasi And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Om Prakash Singh,Sampat Prasad Sonkar Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri O.P. Singh, learned counsel for the applicants and Sri Bhuwal Vishwakarma, learned A.G.A. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the against the order dated 6.7.2023 passed by Gram Nyayalaya Chauri Chaura District Gorakhpur in Case no. 677/2022 under section 12 of Protection of Women From Domestic Violence Act 2005. 3. Learned A.G.A. has raised a preliminary objection regarding maintainability of the present proceeding, whereby interim maintenance has been accorded by the Court of Judicial Magistrate, Gram Nyayalaya Chauri Chaura District Gorakhpur under Section 12 of the Domestic Violence Act, against which an appeal is maintainable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute the said fact, but he submits that the appeal would be barred by limitation. 5. Learned A.G.A. submits that the applicant may take all the legal and valid ground for condonation of delay. 6. Having heard the submissions so made across the Bar, this Court is of the opinion that since a remedy lies of an appeal under Section 29 of the D.V. Act, thus this Court is not inclined to interfere in the present proceedings. However, liberty is accorded to the applicant to prefer an appeal before the forum as provided under Section 29 of the D.V. Act. 7. In the opinion of the Court, once an appeal is preferred taking all the grounds, which are permissible for condonation of delay, then this Court has no reason to disbelieve, that the same shall be decided with most expedition strictly in accordance with the law of the land. 8. With the above observations, the application stands disposed of. Order Date :- 6.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad