Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 18805 of 2026 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. on behalf of the State.
2. The applicant has filed the present application seeking to quash the order dated 10.12.2025 in Criminal Appeal No.69 of 2025 (Pooja Singh vs. Avishek Singh and others) decided by the learned Session Judge, District Ghazipur arising out from order dated 27.09.2024 under provision of Section 19(1) of Domestic Violence Act, 2005 and entire proceeding of Case No.177 of 2019 (Pooja Singh vs. Avishek Singh and others) registered in the court of Civil Judge (Junior Division)/Fast Track Court No.2, District Ghazipur under provision of Section 12 of Domestic Violence Act, 2005.
3. A preliminary objection has been raised by learned Additional Government Advocate that the present application under Section 528 B.N.S.S., 2023 is not maintainable against the aforesaid order, as the proper remedy available to the applicant is to prefer a revision, in view of the decision of the Full Bench of this Court in Dinesh Kumar Yadav vs. State of U.P. and others reported in AIR 2017 All 29, which held that against orders passed in proceedings under the Domestic Violence Act the remedy is to file a revision petition.
4. In view of the same, the application is dismissed as withdrawn with liberty to the applicant to avail the remedy of filing revision as provided Versus Counsel for Applicant(s) : Neetu Singh, Nishant Kumar, Prashant Kumar Counsel for Opposite Party(s) : G.A. Avishek Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
under the law.
5. Certified copy of the order be returned after retaining the photostat copy of the same in the record. May 6, 2026 SKD NA528 No. 18805 of 2026 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad