Shiva Kant Dubey vs State of U.P. - 2026 Supreme(All) 474

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2026 Supreme(All) 474

Shiva Kant Dubey – Appellant
Versus
State of U.P. – Respondent

JUDGMENT :

RAJ BEER SINGH, J.

1. This appeal has been preferred under Section - 380 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') against order dated 28.10.2025, passed by learned Additional Principal Judge, Family Court No.4, Prayagraj in Criminal Misc. Application No. 71 of 2025 (Shivakant Dubey Vs. Smt. Shikha Dubey (Pandey)), under Section - 379 BNSS, whereby the application filed by appellant under Section - 340 Cr.P.C./379 BNSS, has been rejected.

2. This appeal is being decided finally at the stage of admission itself.

3. Heard learned counsel for the appellant, learned counsel for the respondent No.2 and learned A.G.A. for the State.

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. The respondent No.2 has filed a case under Section - 125 Cr.P.C. and in those proceedings she has mentioned the income of appellant as Rs. 80,000/- per month in the affidavit. She has not filed any evidence to support the alleged income. In fact, the monthly income of appellant is Rs. 11,000/- per month. The respondent No.2 has made false averments in the af

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