JUDGMENT :

1. Heard Sri Shivam Agarwal, learned counsel for the applicant and Sri Anish Kr. Upadhyay, learned AGA for the State.

2. The instant Application has been filed seeking quashing of the summoning order dated 22.5.2023 as well as entire proceeding of Complaint Case No. 227 of 2023 (Smt. Gunja Sonkar vs. Amardeep Sonkar and others), u/s 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter referred to as "Domestic Violence Act"), P.S. Kothwali Katra, District Mirzapur, pending before Civil Judge (J.D.)/FTC, Mirzapur.

3. The fact giving rise to the present case is that opposite party No.2, who is the wife of the applicant, has filed an application u/s 12 Domestic Violence Act. However, after getting the report from the Protection Officer, the learned Magistrate issued notice to the applicant by order dated 22.5.2023 to reply to the same.

4. learned counsel for the applicant contends that while passing the impugned order dated 22.5.2023, the learned Magistrate has failed to consider that as per Section 28 of the Domestic Violence Act, the procedure of complaint case for the Application filed u/s 12 Domestic Violence Act is to be followed as per Cr.PC.. Before pas