APPLICATION U/S 528 BNSS No. 869 of 2026 at Lucknow

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 869 of 2026 Bharat Kumar @ Arun Kumar .....Applicant(s) Versus State Of U.P. Thru. Its Prin. Secy. Home Govt. Civil Sectt. Lko. And 2 Others .....Opposite Party(s) Counsel for Applicant(s) : Suyesh Pradhan Counsel for Opposite Party(s) : G.A. Court No. - 15 HON'BLE BRIJ RAJ SINGH, J. 1. Heard Shri Suyesh Pradhan, learned counsel for the applicant and learned AGA for opposite party no.1/State. 2. In view of order proposed to be passed, notice to opposite party nos.2 and 3 is dispensed with. 3. Instant application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 (in short "BNSS") has been filed challenging the order dated 16.01.2026 passed by the Principal Judge, Family Court, Sitapur (in short "Family Court") in Misc. Criminal Case No. 1949 of 2025 (Bharat Kumar Vs. Laxmi), filed under Section 340 of Code of Criminal Procedure, 1973 (in short "CrPC") read with Section 195 CrPC. Vide impugned order dated 16.01.2026, the application filed by the applicant has been rejected. 4. Learned counsel for the applicant has submitted that the application under Section 340 CrPC read with Section 195 CrPC was