Neutral Citation No. - 2025:AHC:19916 Court No. - 74 Case :- APPLICATION U/S 482 No. - 34612 of 2024 Applicant :- Rajnath Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajitabh Choubey,B.B.Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ankit Sharma (A/A0429/2023), advocate holding brief of Sri B.B. Rai, learned counsel for the applicant and Sri Muni Raj Mehrotra, learned A.G.A. for the State. 2. This application under Section 482 Cr.PC. has been filed by the applicant to set aside the entire proceedings of Suit No. 26 of 2018 (Aarti Vs. Rajnath and others), under Sections 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the court of learned Additional Chief Judicial Magistrate, 5th, Varanasi. 3. Learned counsel for the applicant has submitted that though an order in question is an exparte order but it has not considered the fact that the applicant is a labour who is not in a position to tender the said maintenance. He further submits that sufficient amount has already been paid as a maintenance under the provision of Section 125 Cr.P.C. 4. Learned AGA on the other submits that first of all,the order which is being subject matter of challenge is of the year 2021, secondly, it is an exparte order. 5. It is always open for the applicant to have either file a recall application or to prefer an appeal under Section 29 of the Act itself. 6. At this junture, learned counsel for the applicant seeks permission to file an appeal against the said order before the concerned court of sessions. 7. To such a submission, learned AGA has no objection to the same. 8. Considering the submissions of the rival parties as well as stand taken by them, the writ petition is consigned to record, leaving it open to the applicant to take legal recourse as permissible and advisable under law. Order Date :- 11.2.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad