Neutral Citation No. - 2025:AHC:41629 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 9247 of 2025 Applicant :- Smt. Maya Devi Opposite Party :- State Of U.P. And 29 Others Counsel for Applicant :- Shad Khan Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application under Section 528 of Bhartiya Nagarik Suraksha Sanhita (hereinafter referred as 'BNSS'), has been preferred against the order dated 03.02.2025, passed by the Civil Judge (J.D.)/F.T.C./J.M., Baghpat in Case No. 931 of 2017, (Old No. 1050 of 2011), under Section 500 IPC, P.S. Binauli, District Baghpat, whereby the application filed by the applicant, for examination/comparison of the signatures of accused persons shown on the letter sent to the army authorities along with signatures of the accused persons made on the order-sheet of the trial court, has been rejected. 3. It has been argued by learned counsel for the applicant that the daughter of applicant was married with one Sanjay Kumar, who was working in the Army. Due to dispute, the daughter of applicant has filed a case under section 125 Cr.P.C. The opposite party Nos. 2 to 30, who are residents of the village of her husband, have made a false complaint to the army authorities, raising serious aspersions against character of the daughter of applicant. Accordingly, the daughter of applicant has filed the aforesaid case under section 500 IPC. During trial, applicant has made an application before the trial court for examination/comparison of the signatures of the accused persons shown on the above-referred latter sent to the army authorities with the signatures of accused persons shown on the order-sheet of the trial court. It was submitted that the said application has been arbitrarily rejected by the trial court concerned. In view of attending facts and circumstances of the case, it was necessary that the said application must have been allowed by the trial court and thus, the impugned order is liable to be set aside. 4. Learned A.G.A. has opposed the application and argued that there is no illegality or perversity in the impugned order. 5. I have considered rival submissions and perused the record. 6. Perusal of record shows that the daughter of applicant was working in Indian Army and there was matrimonial dispute between daughter of applicant and her husband. The daughter of applicant has filed the aforesaid complaint case against the opposite party Nos. 2 to 30, making allegations that they have made a complaint to the army authorities by making false allegations against the character of the complainant. It appears that the said case is pending since the year 2011. The evidence of the complainant has already been recorded. The case is at the stage of defence evidence. It would be pertinent to mention that the application in question was not filed by the complainant but it was filed by her mother/pairokar. In view of attending facts and circumstances it is not desirable or warranted to make any direction for examination of signatures of the accused persons by FSL, particularly when case is quite old and evidence of the complainant has already been recorded. The trial court has considered entire facts in correct perspective and rejected the application of the applicant by a reasoned order. 7. Considering nature of accusations and all attending facts and circumstances, it cannot be said that there has been any abuse of the process of court or miscarriage of justice so as to require any interference by this Court in exercise of powers conferred under Section 528 BNSS. The application under Section 528 BNSS lacks merit and thus, liable to be dismissed. 8. The application under Section 528 BNSS is hereby dismissed. Order Date :- 21.3.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad