MOHAMMAD ALTAF AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/30110/2025 · 2025-08-18
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 86110 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 86110 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:142426 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30110 of 2025 Applicant :- Mohammad Altaf And 6 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Anees Baig,Mohd Shahrukh Wasim Ansari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Mohd. Shahrukh Wasim Ansari, learned counsel for the applicants, and Sri Vikas Sharma, learned State Law Officer for the State.
2. This application under Section 528 B.N.S.S. has been filed by the applicant to quash the entire proceeding of Complaint Case No.1222 of 2021 (Lubna Gyas Vs. Mohammad Altaf Ashfaq and others) under Sections, 12, 18, 19, 19(8), 20, 22 and 23 of Domestic Violence Act, 2005, P.S Civil Line, District Aligarh, pending in the court of Judicial Magistrate/Additional Civil Judge Court No.2, Aligarh.
3. Learned State Law Officer has raised the preliminary objection regarding the maintainability of the present proceeding on the premise that the order passed under Section 19 of the Domestic Violence Act is amenable to the appeal under Section 29 of the Act.
4. Learned counsel for applicants could not dispute the said legal position accordingly, the application stands disposed of granting liberty to applicants to file appeal under Section 29 of the Act. Order Date :- 19.8.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad