Narendra Singh and Anothers Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

Narendra Singh and Anothers Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Liberty to the applicants to prefer a revision against the impugned orders; certified copy to be returned subject to submission of photocopy of the same.

Issue for consideration

Whether the application u/S 528 BNSS seeking setting aside/quashing of the interim protection order dated 19.01.2023 (Section 12 DV Act proceedings) and of the appellate order dated 08.11.2023 is maintainable, given the submission that a revision would lie for such orders.

Court's answer

With counsel for the applicants unable to dispute the legal position advanced through the judgment in Dinesh Kumar Yadav (that a revision would lie for orders of this nature), the court disposed of the application u/S 528 BNSS, granting the applicants liberty to prefer a revision.

Detailed headnote1 paragraphs

Allahabad High Court, Court No. 75 (Neutral Citation 2025:AHC:121865), single-judge bench of Hon'ble Vikas Budhwar, J.; Application u/S 528 BNSS No. 41088 of 2024, Narendra Singh and others v. State of U.P. and another; order dated 24.7.2025. Applicants sought to set aside/quash (i) the interim protection order dated 19.01.2023 passed by the J.M./Civil Judge (Junior Division)/Fast Track Court, Court No. 01, Agra in Complaint Case No. 3935 of 2020 (Smt. Vimla Devi @ Varsha v. Smt. Keshar Devi & others), arising out of proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005, and (ii) the order dated 08.11.2023 passed by the Additional Sessions Judge, Court No. 15, Agra in Criminal Appeal No. 136 of 2023. The learned State Law Officer raised a preliminary objection regarding maintainability, submitting that a revision would lie in view of the judgment in Dinesh Kumar Yadav v. State of U.P. and others (Criminal Revision No. 582 of 2016, decided on 27.10.2016); learned counsel for the applicants could not dispute the legal position. The court accordingly disposed of the application, granting liberty to the applicants to prefer a revision; certified copy to be returned subject to submission of photocopy of the same.

Neutral Citation No. - 2025:AHC:121865

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 41088 of 2024

Applicant :- Narendra Singh and anothers Opposite Party :- State of U.P. and another Counsel for Applicant :- Jyoti Kumar Singh, Sr. Advocate, Vishakha Pande Counsel for Opposite Party :- G.A.

Hon'ble Vikas Budhwar,J.

Heard Sri Y. Benu Gopal Bajpai (AoR A/Y 0899/22) holding brief of Ms. Vishakha Pandey, learned counsel for the applicants and Sri Vikas Sharma, learned State Law Officer for the State.

This application u/s 528 of BNSS has been preferred to set aside/quash the impugned order dated 19.01.2023 (Аппexure No. 3 to this affidavit) passed by the J.M./Civil Judge (Junior Division)/Fast Track Court, Court No. 01, Agra in Complaint Case No. 3935 of 2020 (Smt. Vimla Devi @ Varsha Vs. Smt. Keshar Devi & Others) as well as the impugned order dated 08.11.2023 (Annexure No. 7 to this affidavit) passed by the Additional Sessions Judge, Court No. 15, Agra in Criminal Appeal No. 136 of 2023 (Narendra Singh & Another Vs. State of U.P. & Another) arising out of the proceedings under section 12 of the Protection of Women from Domestic Violence Act, 2005.

Learned State Law Officer has raised a preliminary objection regarding maintainability of the present proceedings since the orders which are being subject matter of challenge are the order dated 19.01.2023 according interim protection under Section 12 of the DV Act as well as the order dated 08.11.2023 passed by the Additional Sessions Judge, Court No. 15, Agra in Criminal Appeal No. 136 of 2023 (Narendra Singh & another Vs. State of U.P. & another) in view of that the fact that a revision would lie in view of the judgment in Dinesh Kumar Yadav v. State of U.P. and others; Criminal Revision No. 582 of 2016 decided on 27.10.2016.

Learned counsel for the applicants could not dispute the legal position.

Accordingly, the application stands disposed of granting liberty

to the applicants to prefer a revision.

Certified copy be returned subject to submission of photocopy of the same.

Order Date :- 24.7.2025 Rajesh

Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad