HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 26482 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Rohit Kumar Mishra, learned counsel for applicant and learned AGA for State. 2. Present applicant has been preferred with prayer to quash order 13.6.2025 passed by learned Principal Judge, Family Court, Varanasi passed in petition no. 943 of 2024 (Smt. Beena Yadav vs. Ravindra Yadav) under Section 146 BNSS, wherein learned Principal Judge, Family Court passed the order for separate the hearing of Misc. Case no. 730 of 2025 (Ravindra Singh vs. Beena Yadav) under Section 340 Cr.P.C. 3. Learned counsel for applicant submitted that earlier, opposite party no. 2 who is wife of applicant has already been awarded maintenance by learned Principal Judge Family Court, Varanasi in pursuance to case filed at the behest of opposite party no. 2 under Section 125 Cr.P.C. Later on, case no. 943 of 2024 has been filed before learned court concerned at the behest of opposite party no. 2 under Section 146 BNSS which is pending. Applicant filed Complaint Case no. 730 of 2025 against opposite party no. 2 under Section 340 Cr.P.C. wherein he mentioned certain guilty averments and facts against opposite party no. 2 including the allegation that opposite party no. 2 has submitted false affidavit before learned court concerned and prayed to prosecute opposite party no. 2 under sections 199, 191, 193 and 209 IPC. Applicant on dated 13.6.2025 also filed his application in aforesaid Case no. 943 of 2024 and prayed to initiate the proceeding early in Complaint Case no. 730 of 2025 and pass interim stay order in proceeding of Case no. 943 of 2025 but the application dated 13.6.2025 has been decided vide impugned order dated 13.6.2025 passed by learned court of Principal Judge, Family Court, Varanasi whereby he passed the order for separate hearing of Misc. Case no. 730 of 2025. Versus Counsel for Applicant(s) : Rohit Kumar Mishra Counsel for Opposite Party(s) : G.A. Ravindra Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 4. Learned counsel for applicant submitted that impugned order has been passed without considering material on record and is illegal and liable to be quashed. 5. Per contra, learned AGA vehemently opposed the prayer sought through instant application. 6. From perusal of records, this Court finds that impugned order dated 13.6.2025 has been passed by learned Principal Judge, Family Court, Varanasi after considering the entire material available on record and the same does not suffer from any illegality, hence no ground raised through instant application is sustainable to intervene in the impugned order which is highly justified and legal. 7. In view of foregoing discussion, application lacks merit hence dismissed. October 13, 2025 Shaswat NA528 No. 26482 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad