Allahabad High Court
PRINCE PARMAR @ VIKAS PARMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application is dismissed as withdrawn.
Summary
The applicants, Prince Parmar @ Vikas Parmar and Ritik, filed an application under Section 528 of the Code of Criminal Procedure seeking a direction that the trial court not admit a certificate under Section 65B of the Indian Evidence Act in the pending criminal case (State of U.P. v. Prince Parmar @ Vikas Parmar). The application also requested the court to set aside the earlier application filed by the State challenging the same certificate. During hearing, counsel for the applicants informed the court that the application was to be withdrawn. The court accepted the withdrawal and dismissed the application as withdrawn, without addressing the merits concerning the admissibility of the Section 65B certificate.
Issues considered
- Whether the application under Section 528 CrPC seeking to restrain admission of a Section 65B certificate should be entertained.
- Whether the trial court can be directed not to admit the electronic evidence certificate under Section 65B of the Indian Evidence Act.
Legislation cited
- Code of Criminal Procedure — s. 528
- Indian Evidence Act, 1872 — s. 65B
- Indian Penal Code — s. 323, 34, 352, 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(va)
Subjects
- Section 528 CrPC
- Section 65B Indian Evidence Act
- electronic evidence
- withdrawal of application
- evidence admissibility
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16514 of 2026
Prince Parmar @ Vikas Parmar And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Ankit Singh, Gaurav Srivastav
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Gaurav Srivastav, learned counsel for the applicants and Sri
V.D. Ojha, learned counsel for the State and perused the record.
3. The present application under Section 528 BNSS has been filed by the
applicants Prince Parmar @ Vikas Parmar and Ritik with the
following prayers:
“It is therefore, most respectfully prayed that this Hon'ble Court may
graciously be pleased to allow the present application and direct the
decide the court to below application dated 19.07.2025 filed by opposite
party no. 2 against the certificate of section 65B of the Indian Evidence
Act in S.T. No. 1703 of 2022 (State of U.P. Vs. Prince Parmar @ Vikas
Parmar and others) arising out of Case Crime No. 389 of 2022, under
section 352, 323, 504, 506, 34 I.P.C. and Section 3 (2) (va) SC/ST Act,
Police Station Atmaddaula, District Agra and further pleased to direct the
learned trial court not to admit the certificate of section 65B of Indian
Evidence Act as an supplementary evidence.
And/or to pass such other and further order which this Hon'ble Court may
deem fit and proper under the facts and circumstances of the case."
4. At the very outset learned counsel for the applicants states that the
present application under Section 528 BNSS be dismissed as withdrawn.
5. Prayer is allowed.
6. The present application is dismissed as withdrawn.
(Samit Gopal,J.)
May 6, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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