Dismissed¶10

Avishek Singh v. State of U.P. and Another

Allahabad HC5 May 2026NA528/18805/2026

Case brief

AI extract

What is this about?

Section 528 BNSS maintainability; quashing application against appellate order in Domestic Violence Act, 2005 proceedings (Sections 12 and 19(1)); remedy is revision per Full Bench, Dinesh Kumar Yadav vs. State of U.P., AIR 2017 All 29; application dismissed as withdrawn with liberty to file revision; District Ghazipur; Criminal Appeal No.69 of 2025; Case No.177 of 2019; Pooja Singh vs. Avishek Singh.

What did the court decide?

Liberty to the applicant to avail the remedy of filing revision as provided under the law; certified copy of the order to be returned after retaining photostat copy on record. ¶10

Avishek Singh Vs State of U.P. and Another — Domestic Violence | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 528 BNSS No. - 18805 of 2026

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Avishek Singh

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	Versus		.....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Neetu Singh, Kumar	Nishant	Kumar, Prashant
Counsel for Opposite Party(s)	: G.A.

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Court No. - 74

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HON'BLE DEEPAK VERMA, J.

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Heard learned counsel for the applicant and learned A.G.A. on behalf of the State.

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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.

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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.

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