HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33786 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Arbaz Khan, 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. for quashing the order dated 18.12.2024 passed by Judicial Megistrate, Court No.9 Kanpur Nagar in Complaint Case No. 1369 of 2023 (Smt. Yasmeen urf Yasmeen Bano versus Shafikurrahman and others) U/S 23 of D.V. Act. 3. Learned AGA has preliminary objection regarding maintainability of the present application on the ground that the order dated 18.12.2024 passed under Section 23 of Domestic Violence Act granting interim maintenance is appealable under Section 29 of the D.V. Act. 4. Learned counsel for the applicant could not dispute to the said legal position. However, he submits that in case the applicant prefers appeal then it would be delayed thus the delay be condoned. 5. Having heard the submissions so made across the bar, the application stands disposed of, once the remedy of appeal under Section 29 of the D.V. Act is itself provided, it is for the applicant to take recourse to the said proceeding and in case there is no delay then it is also open for the applicant to take justifiable ground for condonation of delay. September 4, 2025 piyush Versus Counsel for Applicant(s) : Arbaz Khan, Chandra Prakash Mishra Counsel for Opposite Party(s) : G.A. (Vikas Budhwar,J.) Shafikurrahman .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad