CRIMINAL APPEAL No. 3065 of 2026 at Allahabad

HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3065 of 2026 Brajesh Singh .....Appellant(s) Versus State of U.P. and Another .....Respondent(s) Counsel for Appellant(s) : Rajesh Kumar Kanojia, Saushthav Guha Counsel for Respondent(s) : G.A. Court No. - 90 HON'BLE RAJ BEER SINGH, J. 1. This criminal appeal has been preferred under Section - 380 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') against judgment and order dated 17.02.2026, passed by learned Additional Principal Judge, Family Court No.3, Bulandshahr in Misc. Case No. 752 of 2022 (Brijesh Singh Vs. Smt. Rashmi), whereby the application filed by appellant under Section - 340 Cr.P.C., has been rejected. 2. The appeal is being decided finally at the stage of admission itself. 3. Heard learned counsel for the appellant, learned A.G.A. for the State and perused the record.. 4. Learned counsel for the appellant submitted that the impugned order is against facts and law and thus, liable to be set aside. Appellant is husband of respondent No.2 and she has filed a case under Section - 125 Cr.P.C.. In proceedings of that case, the respondent No.2 has made false averment in order to misled the Fam