HIGH COURT OF JUDICATURE AT ALLAHABAD CRIMINAL APPEAL No. - 3200 of 2026 Court No. - 92 HON'BLE TEJ PRATAP TIWARI, J. 1. Heard Sri Vinod Shankar Tripathi, learned counsel for the appellant, learned A.G.A. for the State and perused the material on record. 2. The instant criminal appeal under Section 380 of B.N.S.S.S. has been filed by the appellant to set aside the impugned judgement and order dated 14.11.2025 passed by the learned Additional Principal Judge, Family Court No.2, Bareilly in Case No.1576 of 2024 (Nadeem Mian Versus Fareen Siddiqui) under Section 379 read with Section 215 B.N.S.S., Police Station Kotwali, District Bareilly. 3. At the very outset, learned counsel for the appellant contended that learned court below has not followed the procedure while rejecting the application under Section 379 read with Section 215 B.N.S.S. It is further argued that the learned trial court was under legal obligation to make enquiry by calling report from the concerned District Inspector of Schools as well as salary register of the institution but nothing has been done in the matter. During the course of arguments, learned counsel for the appellant relied on the case laws of Amarsang Nathaji as Himself and as Karta and Manager Versus Hardik Harshabhai Patel and others, 2016 AIR Supreme Court 5384 and The State of Punjab Versus Jasbir Singh in Criminal Appeal No.335 of 2020 decided on 15.09.2022. 4. Per contra, learned A.G.A. has opposed the argument of learned counsel for the accused-appellant and has submitted that the impugned order passed by the learned trial court is just and proper and does not call for any interference by this Court. 5. Having heard submissions made by learned counsel for the parties and Versus Counsel for Appellant(s) : Rahul Kumar Tiwari, Sandeep Kumar, Vijai Shanker Tripathi, Vinod Shankar Tripathi Counsel for Respondent(s) : G.A. Nadem Mian .....Appellant(s) State of U.P. and Another .....Respondent(s) perused the material on records, the impugned judgement and order dated 14.11.2025 passed by learned Additional Principal Judge, Family Court No.2, Bareilly is set aside. The matter is remanded back to the trial court concerned to decide the application moved by the appellant under Section 379 read with Section 215 B.N.S.S. afresh giving opportunity of hearing to the learned counsel for the appellant within a period of two months from the production of a certified copy of this order before it. 6. Accordingly, the matter is disposed of finally May 14, 2026 MN/- CRLA No. 3200 of 2026 2 (Tej Pratap Tiwari,J.) Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad