HIGH COURT OF JUDICATURE AT ALLAHABAD Shiva Kant Dubey .....Appellant(s)

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

Counsel for Appellant(s) : Shiva Kant Dubey Counsel for Respondent(s) : G.A., Sanjiv Kumar Pandey 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 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 app