Allahabad High Court
AVISHEK SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
An application under Section 528 B.N.S.S. is not the appropriate remedy to challenge the order; the correct remedy is a revision petition.
Summary
The applicant, Avishek Singh, filed an application under Section 528 of the B.N.S.S. Act seeking to quash a Session Court order dated 10 December 2025 that arose from a criminal appeal and a domestic‑violence proceeding. The order under challenge was based on Section 19(1) of the Domestic Violence Act, 2005 and related proceedings under Section 12 of the same Act. The State’s Additional Government Advocate raised a preliminary objection, contending that the correct remedy against such orders is a revision petition, citing the Full‑Bench decision in Dinesh Kumar Yadav v. State of U.P. (AIR 2017 All 29). The Court examined the objection and held that the application under Section 528 was not the appropriate remedy. Consequently, the Court dismissed the application as withdrawn, granting the applicant liberty to file a revision petition. The certified copy of the order was to be returned after retaining a photostat for the record.
Issues considered
- Whether an application under Section 528 B.N.S.S. is maintainable to quash an order passed in proceedings under the Domestic Violence Act
- Whether the proper remedy against such an order is a revision petition as per the Full‑Bench precedent
Legislation cited
- B.N.S.S. Act, 2023 — s. 528
- Domestic Violence Act, 2005 — s. 12, 19(1)
Subjects
- Domestic Violence Act
- Section 528
- Revision petition
- Procedural remedy
- Criminal appeal
- Order quash
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18805 of 2026
Avishek Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Neetu Singh, Nishant Kumar, Prashant
Kumar
Counsel for Opposite Party(s) : G.A.
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
NA528 No. 18805 of 2026
2
under the law.
5. Certified copy of the order be returned after retaining the photostat
copy of the same in the record.
(Deepak Verma,J.)
May 6, 2026
SKD
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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