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2025 DAILYLAW 89280 (ALL)

AJEET KUMAR SINGH v. STATE OF U.P. AND ANOTHER

NA528/32829/2025 · 2025-08-31

Vikas Budhwar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32829 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Hemant Kumar Dubey, learned counsel for the applicants 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 05.02.2025 passed by learned Additional Chief Judicial Magistrate, Court No.19, Deoria in Complaint Case No.687 of 2017 under Section 12 of Domestic Violence Act, and order dated 17.07.2025 passed by Additional Sessions Judge/F.T.C./Special Judge, Gangster Act, Deoria in Criminal Appeal No.26 of 2025 (Computerized No.UPDE010008042025) (Ajeet Kumar Singh and another Versus Sudha Devi), and for allowing the application under section 65-B of Evidence Act moved by applicant. 3. Learned A.G.A. 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. Learned counsel for the applicant could not dispute the fact. 5. Accordingly, the application stands disposed of, leaving it open for the applicant to challenge the order, while preferring revision. September 1, 2025 N.S.Rathour Versus Counsel for Applicant(s) : Hemant Kumar Dubey, Saroj Kumar Dubey Counsel for Opposite Party(s) : G.A. (Vikas Budhwar,J.) Ajeet Kumar Singh .....Applicant(s) State Of U.P. And Another .....Opposite Party(s) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad