Created by Fuzzy Cloud

Allahabad High Court

PRINCE PARMAR @ VIKAS PARMAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

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The application is dismissed as withdrawn.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 During hearing, counsel for the applicants informed the court that the application was to be withdrawn. The court accepted the withdrawal and dismissed the application as withdrawn, without addressing the merits concerning the admissibility of the Section 65B certificate.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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.