HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32349 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Avinash Pandey, learned counsel for the applicant and Sri Motilal, learned AGA for the State-opposite party no. 1 2. This application under Section 528 BNSS has been filed to modify the impugned judgment & order dated 17.11.2021 passed by Additional Session Judge, Court No. 1, Saharanpur in Case No. 260 of 2015 u/s 20(3), 23(1), 23(2) of D.D. Act, in Criminal Appeal No. 51 of 2018 (Smt. Kavita Devi vs. State of U.P. and another), Police station-Deoband, District-Saharanpur and cancelled the order dated 17.11.2021 (to pay Rs. 2000/- per month as maintenance allowance to opposite party no.2) with effect from 09.12.2023. 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. 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. 6. At this stage, learned counsel for the applicant submits that there would be delay in preferring the revision, the delay would be dondoned. 7. It is always open for the applicant to file delay condonation application seeking condonation of delay. 8. Certified copy be returned subject to submission of photocopy of the same. September 4, 2025 Rajesh Versus Counsel for Applicant(s) : Avinash Pandey Counsel for Opposite Party(s) : G.A. (Vikas Budhwar,J.) Pravinda Kumar @ Praveen Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad