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2025 DAILYLAW 98848 (ALL)

BABU SINGH v. STATE OF U.P. AND ANOTHER

NA528/36450/2025 · 2025-09-21

Vikas Budhwar

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36450 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Ranjeet Asthana, learned counsel for the applicants submits that though the present application under Section 528 of BNSS has been preferred by the applicant for quashing the further proceeding of Complaint Case no. 432 of 2015 Computer Case No. UPFT003511-2015 under Section 12 of the Domestic Women Violence Act 2005 P. S. Bakewar District Fatehpur (Komal V/s Babu Singh), and against the impugned order dated 04.11.2022 passed by Civil Judge (J.D.)/F.T.C./Court of all offence against the women in Complaint case no. 432 of 2015 Computer case no UPFT003511-2015 under section 12 of the Domestic Women Violence Act 2005 P. S. Bakewar District Fatehpur (Komal V/s Babu Singh), an exparte order came to be filed and the applicant had preferred a recall application on 20.03.2025, Annexure-6 at page-52, reference whereof has been made in paragraph-14 and it is contended that the same has not been decided, thus a direction be issued for decision on the same. 2. Learned State Law Officer on the other hand submits that against the said order, an appeal under Section 29 of D.V. Act would lie. 3. Considering the submissions so made across the Bar, the application stands disposed of granting liberty to the applicant to press the recall application and in case the same is maintainable, then the same shall be decided in accordance with law. September 22, 2025 N.S.Rathour Versus Counsel for Applicant(s) : Abhishek, Ranjeet Asthana Counsel for Opposite Party(s) : G.A. (Vikas Budhwar,J.) Babu Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad