Allahabad High Court
NAIMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court dismissed the BNSS application, directing the applicant to seek remedy through an appeal under Section 29 of the PWDVA.
Summary
The applicant, Naim, filed a Section 528 BNSS application in the Allahabad High Court seeking to quash an order dated 17 September 2025 issued by a Village Court that had authorized a recovery warrant and a conditional non‑bailable arrest warrant against him under Section 12 of the Protection of Women from Domestic Violence Act, 2005. The High Court noted that the order dated 22 March 2023 by a Magistrate, which decided the opposite party’s application under the same section, had been passed after hearing both sides and that no recovery warrant had been issued because the applicant had not paid any amount to the opposite party. The Court observed that the applicant has a remedy to file an appeal under Section 29 of the PWDVA and that the BNSS application was not the appropriate remedy. Consequently, the Court dismissed the BNSS application with the observation that any appeal should be pursued in the appropriate forum. The judgment was delivered on 5 May 2026.
Issues considered
- Whether the Section 528 BNSS application filed by the applicant to quash the Village Court's order is maintainable.
- Whether the applicant should instead pursue an appeal under Section 29 of the Protection of Women from Domestic Violence Act, 2005.
Legislation cited
- Code of Civil Procedure, 1908 — s. 528
- Protection of Women from Domestic Violence Act, 2005 — s. 12, 29
Subjects
- Protection of Women from Domestic Violence Act
- Section 12
- Section 29
- BNSS application
- Recovery warrant
- Non‑bailable warrant
- Appeal
- High Court
Judgment
HIGH COURT OF JUDICATURE AT
ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18412 of 2026
Naim
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Kumar
Patel
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and
learned AGA for the State.
2. The present 528 BNSS application has been filed
to quash the impugned order dated 17.09.2025
passed by learned Judicial Officer Village Court,
Tehsil Swar, District Rampur in Misc. Case No.
1094 of 2015 (CNR NO. UPRP040273332020)
(Smt. Najreen vs Naim and others), under section 12
of Protection of Women From Domestic Violence
Act, 2005, Police Station- Swaar, District-Rampur,
whereby recovery warrant and conditional non-
bailable warrant of arrest has been issued against the
applicant.
3. Present application has been filed against the
order dated 22.03.2023 by which learned Magistrate
has decided the application of opposite party No.2
U/s 12 of Protection of Women from Domestic
Violence Act.
4. Considered the argument raised by applicant's
counsel, the applicant has remedy to file an appeal
NA528 No. 18412 of 2026
2
U/s 29 of Protection of Women from Domestic
Violence Act, moreover, the order dated 22.03.2023
has been passed after hearing both the parties and no
recovery warrant has been issued as applicant has
not paid any penny to opposite party No.2. If
applicant files an appeal before court concerned, the
same shall be decided in accordance with law.
5. The present 528 BNSS application of applicant-
Naim, is hereby dismissed with the aforesaid
observation.
May 5, 2026
Nitin Verma
(Deepak Verma,J.)
Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad
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