Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32813 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Rajesh Kumar Singh, learned counsel for the applicant and Sri K.K. Vishwakarma, learned A.G.A.
2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the order dated 16.06.2025 passed by Judicial Magistrate, Firozabad in Complaint Case no.152/2014 (Smt. Asha Sharma Vs. Om Prakash Gautam and others) under Sections 12,18, 19, 20, 21 and 22 Protection to Women from Domestic Violence Act, Police Station-Uttar, District Firozabad.
3. A preliminary objection has been raised by the learned A.G.A. that the order, which his subject matter of challenge in the present application under Sections 12, 18, 19, 20, 21 and 22 of the Domestic Violence Act passed on 16.06.2025 passed by the Judicial Magistrate, Firozabad is amenable to challenge in appeal 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 Versus Counsel for Applicant(s) : Krishna Mohan Rai, Rajesh Kumar Singh Counsel for Opposite Party(s) : G.A. Om Prakash Gautam .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s)
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.
September 1, 2025 N.S.Rathour NA528 No. 32813 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad