Neutral Citation No. - 2025:AHC:49289 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11102 of 2025 Applicant :- Smt Varsha Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ashutosh Kumar Tiwari,Ram Bilas Yadav Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section - 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred by applicant seeking following relief:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash/set aside the impugned judgment and order dated 18.02.2025, passed by Additional Sessions Judge, Court No.6, Ghaziabad in Misc. Case No.1140 of 2024 (State Vs. Kartik Chaudhary and others) under Section 340 Cr.P.C. and allow the applicant's application under Section 340 Cr.P.C. exhibited as Paper No.3Kha." 3. It is submitted by learned counsel for the applicant that applicant is complainant of Complaint Case No.1359 of 2024 and in that matter the opposite party nos.2 to 5 were summoned for offence under Section 406 IPC. The applicant has moved an application under Section 340 Cr.P.C., making allegations that while applying for bail in the said case the opposite party nos.2 to 5 have used affidavits, which were not prepared in accordance with Rules and the guidelines issued by the High Court and that false averments were made and thus a case for perjury was made out. That application has been rejected by the trial Court vide impugned order dated 14.08.2024. 4. It is apparent from provisions of Section 340/341 Cr.P.C. that if any person is aggrieved by any order passed under Section 340 Cr.P.C., such person has remedy of filing an appeal under Section 341 Cr.P.C. As specific remedy of appeal has been provided, thus this application under Section 528 BNSS against impugned order is not maintainable. 5. Accordingly, this application under Section - 528 BNSS is dismissed as not maintainable. 6. However, the applicant would be at liberty to file appeal under Section 341 Cr.P.C. or to resort appropriate legal remedy that may be available in accordance with law. The certified copies available on record may be returned back to learned counsel for applicant after retaining photocopy of same on record. Order Date :- 7.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad