Neutral Citation No. - 2025:AHC:81307 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 14237 of 2025 Applicant :- Vipin Kumar Singh Alias Vipin Kumar Alias Vipin Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gavendra Kumar Mishra 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 record. 2. The present application under Section - 528 B.N.S.S. has been filed with the following prayer :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to stay the effect and operation of order dated 28.01.2025 passed by learned Principal Judge, Family Court, Aligarh in Misc. Case No. 391 of 2022 (Vipin Kumar Singh Vs. Smt. Sonu Devi) under Section - 195, 340 Cr.P.C. and quash the order and remand the case back to lower court to hear a fresh or connect the case to criminal revision no. 2350 of 2024 (Shrimati Sonu Devi Vs. State of U.P. and Another) pending in this Hon'ble Court and or to pass such order and further order which this Hon'ble Court may deem fit and proper on the facts and circumstances of the case, otherwise the applicant shall suffer irreparable loss and injury." 3. Perusal of record shows that applicant is husband of the opposite party no.2. The opposite party no.2 has filed a case under Section - 125 Cr.P.C. vide Case No. 295 of 2019. It appears that in that case the applicant has filed an application under Section - 340 read with Section - 195 Cr.P.C., making allegations that she has led false evidence. That application has been rejected by the learned Principal Judge, Family Court, Aligarh vide impugned order dated 28.01.2025. In view of provisions of Section - 341 Cr.P.C., it is apparent that against such order there is provision of appeal. 4. At this stage, learned counsel for applicant submits that this application under Section - 528 BNSS may be dismissed as withdrawn with liberty to file appeal or to resort appropriate legal remedy that may be available under law. 5. Accordingly, the application under Section - 528 BNSS may be dismissed as withdrawn with aforesaid liberty. 6. The certified copies available on record may be returned back to the learned counsel for the applicant after retaining photocopy of the same on record. Order Date :- 16.5.2025 S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad