Allahabad High Court
LOKENDRAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The application under Section 528 BNSS lacks merit and is dismissed.
Summary
The applicant Lokendra filed an application under Section 528 of the BNSS seeking to quash the Session Judge's order dated 16‑03‑2026 that rejected his request to place a newspaper dated 28‑03‑2022 on record. The trial court had already heard the defence and was about to pronounce judgment in a murder case (IPC §§302, 34). The applicant argued that the newspaper was relevant, while the State contended it was inadmissible and the application was filed merely to delay the trial. The High Court examined the submissions and held that the newspaper could not be admitted as evidence at that stage and that the trial court’s order was free of any illegality or jurisdictional error. Consequently, the High Court dismissed the Section 528 application as meritless.
Issues considered
- Whether an application under Section 528 BNSS to quash a trial court order rejecting newspaper evidence is maintainable.
- Whether the newspaper dated 28‑03‑2022 is admissible as evidence after the defence has been completed and the case is fixed for judgment.
- Whether the trial court's order dated 16‑03‑2026 contains any illegality, irregularity, or jurisdictional error.
Legislation cited
- Bihar National Security Act — s. 528
Subjects
- Section 528 BNSS
- application to quash
- admissibility of newspaper
- criminal trial procedure
- IPC 302
- IPC 34
- high court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 12162 of 2026
Lokendra
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anuj Srivastava, Manas Tripathi, Suraj
Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE VIVEK KUMAR SINGH, J.
1. Heard learned counsel for the applicant and learned AGA for the State
2. Present application under Section 528 of the BNSS has been filed to
quash the impugned order dated 16.03.2026 passed by the Session Judge,
Baghpat in Session Case No.734/2022 (State Vs. Lokendra and others)
bearing Case Crime No. 230 of 2022, u/s 302 and 34 I.P.C, Police Station
Baraut, District Baghpat, pending in the court of Session Judge, Baghpat.
3. An application dated 16.03.2026 was moved by the applicant/ accused
when the judgment was to be pronounced by the learned trial court.
4. It was argued by the learned counsel for the applicant that the applicant
wanted to place a newspaper dated 28.03.2022 on the record of the
learned trial court, but his prayer was wrongly rejected by the learned trial
court vide order dated 16.03.2026.
5. Learned A.G.A. opposed the prayer and submitted that the newspaper
item is not admissible in evidence and that the application dated
16.03.2026 was misconceived and was filed by the applicant only to
linger on the trial. The application dated 16.03.2026 was rightly rejected
by the learned trial court vide order dated 16.03.2026.
6. I have heard rival submissions of the parties and perused the record.
7. The newspaper item is not admissible in evidence, and the applicant
NA528 No. 12162 of 2026
2
had already adduced evidence in his defence. Once the arguments were
over and the case was fixed for judgment, the present application dated
16.03.2026 was moved by the applicant before the learned trial court,
which was rightly rejected by the learned trial court vide order dated
16.03.2026. There is no illegality, irregularity, or jurisdictional error in
the impugned order dated 16.03.2026.
8. The present application under Section 528 BNSS lacks merit and
deserves to be dismissed. It is accordingly dismissed.
9. The Registrar (Compliance) is directed to send a copy of this order to
the learned trial court/Sessions Judge, Baghpat by the fastest available
mode.
(Vivek Kumar Singh,J.)
May 6, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
Checking your session…