HIGH COURT OF JUDICATURE AT ALLAHABAD Rammilan .....Appellant(s)

Versus State of U.P. and Another .....Respondent(s)

Counsel for Appellant(s) : Yakub Ali Counsel for Respondent(s) : G.A.

Court No. - 91 HON'BLE RAJ BEER SINGH, J.

1. This appeal has been preferred under Section 380 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as 'BNSS') against judgment and order dated 06.10.2025, passed by learned Judicial Magistrate, IIIrd Gorakhpur in Misc. Case No.3118 of 2023 (Ram Milan Vs. Shankrawati @ Suwarawati Devi), District- Gorakhpur, whereby the application filed by appellant under Section 340/ 195 Cr.P.C. (Section 379/ 215 BNSS) has been rejected.

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

3. Heard learned counsel for the appellant and learned AGA for the State. 4. Learned counsel for the appellant submitted that impugned order is against facts and law and thus liable to be set aside. The appellant is husband of the respondent no.2. In the proceedings of case under Domestic Violence Act, the respondent no.2 has made false averments and filed a false affidavit. She has stated the date of marriage falsely and made false allegation that the appellant