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2025 DAILYLAW 84672 (ALL)

AMIT KUMAR v. STATE OF U.P. AND ANOTHER

NA528/29520/2025 · 2025-08-11

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:136364 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29520 of 2025 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mohd. Arshad learned counsel for the applicant and learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. to set-aside the order dated 31.08.2022 passed by Additional Chief Judicial Magistrate, Court no.3 Ghaziabad, as well as revisional order dated 06.03.2025 passed by Additional Session Judge court no.4 Ghaziabad in complain case no. 419 of 2021 under section 12 of domestic violence act, 2005 Police station Muradnagar District Ghaziabad. 3. Learned AGA has raised a preliminary objection regarding the maintainability of the present proceedings on the ground that the order is amenable to revision. Reliance has been placed upon a Full Bench decision in the case of Dinesh Kumar Yadav v. State of U.P. and others; Criminal Revision No. 582 of 2016 decided on 27.10.2016. 4. The application is dismissed as withdrawn with liberty to file revision. 5. Certified copy be returned subject to submission of photocopy. Order Date :- 12.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad