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2025 DAILYLAW 98156 (ALL)

ASHISH UPADHYAY v. STATE OF U.P. AND 2 OTHERS

NA528/36051/2025 · 2025-09-24

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. - 36051 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Rakesh Kumar Tiwari, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for setting aside the impugned order dated 6.3.2025 passed by Judge Gram Court, Dibai, Bulandshahar in Misc. Case No. 11 of 2022 (Chachanl Vs. Ashish Upadhyay and others) under section 30 the Protection of Women from Domestic Naraura, Violence Act, Police Station-District Bulandshahr, however, since against the order dated 12.07.2019 passed under Sections 12, 18 and 19 of D.V. Act, by the Addl. Chief Judicial Magistrate, Anoopshahr, Bulandshahr a Defective Criminal Appeal was preferred bearing number "538 of 2022" in which on 11.01.2024, the delay has been condoned, thus the stay application which the applicant seeks to press before the court below for staying the order dated 12.07.2019 be directed to be decided. 2. Learned State Law Officer has no objection to the same. 3. Accordingly, the application stands disposed of leaving it open for the applicant to press the stay application, if it has been preferred for staying of the order dated 12.07.2019. This Court no reason to disbelieve that that the same shall be considered and decided strictly in accordance with law. September 25, 2025 N.S.Rathour Versus Counsel for Applicant(s) : G.A., Rakesh Kumar Tiwari Counsel for Opposite Party(s) : (Vikas Budhwar,J.) Ashish Upadhyay .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad