HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 11269 of 2024 Court No. - 68 HON'BLE ARUN KUMAR SINGH DESHWAL, J. 1. Heard Sri Anand Mohan Pandey, learned counsel for the petitioner, Sri Surendra Tiwari, learned counsel for the opposite party no.2 and learned AGA for the State. 2. The present criminal appeal has been preferred by the appellant-applicant against the order dated 14.10.2024 passed by Additional Principal Judge, Family Court Room No.5, Allahabad in Case No.58 of 2024, Police Station- Dhoomanganj, District Prayagraj whereby the application filed by the appellant under Section 340 Cr.P.C. has been rejected. 3. Learned counsel for the opposite party no.2 has raised preliminary objection that against the rejection of application under Section 340 Cr.P.C. by the Family Court, the appeal would lie under Section 19 of the Family Court Act, 1984. 4. In support of his contention, he has relied upon the Co-ordinate Bench of this Court in Criminal Appeal No.3030 of 2024 vide order dated 25.09.2024 wherein it has observed that against the rejection of application under Section 340 Cr.P.C. by the Family Court, the appeal would lie under Section 19 of the Family Court Act, no appeal shall lie under Section 341 Cr.P.C. 5. At this stage, learned counsel for the appellant could not dispute the aforesaid legal position and submits that he may be permitted to withdraw this appeal to enable him to file an appeal under Section 19 of the Family Court Act, 1984. 6. In view of above, the present appeal is dismissed as withdrawn with the aforesaid liberty. September 11, 2025 A.Kr. Versus Counsel for Appellant(s) : Anand Mohan Pandey Counsel for Respondent(s) : G.A., Surendra Tiwari (Arun Kumar Singh Deshwal,J.) Amit Singh .....Appellant(s) State of U.P. and Another .....Respondent(s) Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad