Allahabad High Court
RAJENDRA MAURYAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIVEK KUMAR SINGH
Holding
The trial court had jurisdiction under Section 178 CrPC and did not commit any illegality; the application under Section 528 BNSS is dismissed.
Summary
The applicant, Rajendra Maurya, filed an application under Section 528 of the BNSS seeking to quash the trial proceedings and orders dated 04.04.2025 and 15.05.2025 of the Additional Sessions Judge, Rampur, on the ground that the alleged offence occurred in Rudrapur, Uttarakhand, and therefore the case should have been tried in Uttarakhand. The State opposed, contending that the offence was committed partly in Rampur, Uttar Pradesh and partly in Rudrapur, Uttarakhand, and that under Section 178 of the Criminal Procedure Code a court having jurisdiction over any of the localities may try the case. The High Court examined the jurisdictional argument, noted that the prosecution witnesses had already been examined and the trial was at an advanced stage, and held that the trial court had not erred in exercising jurisdiction. Consequently, the application was dismissed for lack of merit.
Issues considered
- Whether the Additional Sessions Judge, Rampur, had jurisdiction to try the offence alleged to have been committed partly in Uttar Pradesh and partly in Uttarakhand.
- Whether the application under Section 528 BNSS for quashing the proceedings should be entertained at this advanced stage of trial.
Legislation cited
- B.N.S.S. — s. 528
- Code of Criminal Procedure, 1973 — s. 178, 227
- Indian Penal Code — s. 341, 376
Subjects
- jurisdiction
- criminal procedure
- Section 178 CrPC
- Section 227 CrPC
- Section 528 BNSS
- quashing of proceedings
- trial court jurisdiction
- offence committed in multiple states
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 21675 of 2025
Rajendra Maurya
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kant Yadav
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 A.G.A. appearing for
the State-opposite party no.1.
2. Present application u/s 528 BNSS has been filed for quashing the entire
proceeding including impugned orders dated 04.04.2025 and 15.05.2025
passed by Additional Sessions Judge/F.T.C, Court No.02 Rampur in Session
Trial No.275 of 2023 (State Vs Rajendra Maurya) arising out of Case Crime
No.100 of 2023, under sections 376, 341 I.P.C., Police Station Kemari,
District Rampur, pending in the court of Additional Sessions Judge/F.T.C,
Court No.02, Rampur.
3. It has been submitted by the learned counsel for the applicant that the
applicant is being wrongly tried before the Court of the Additional Sessions
Judge, Rampur. The alleged incident took place in Rudrapur (State of
Uttarakhand); therefore, his trial should have been conducted by the court at
Rudrapur (Uttarakhand). He moved a discharge application before the
learned trial court under Section 227 Cr.P.C. on the same ground, which was
wrongly and illegally rejected by the learned trial court vide orders dated
04.04.2025 and 15.05.2025.
4. Per contra, the learned A.G.A. opposed the prayer and submitted that the
offence was committed partly in Rampur (State of U.P.) and partly in
Rudrapur (State of Uttarakhand), and in terms of Section 178 of Cr.P.C. /
198 B.N.S.S., when it is uncertain in which of several local areas an offence
was committed, it may be tried by a Court having jurisdiction over any of
NA528 No. 21675 of 2025
2
such local areas. Furthermore, all the prosecution witnesses have been
examined in the trial court, and the case is at an advance stage. This plea
cannot be decided at this stage.
5. In view of the above, the learned trial court did not commit any illegality
or jurisdictional error in the trial of the accused/applicant.
6. The application lacks merit and deserves to be dismissed. It is,
accordingly, dismissed.
(Vivek Kumar Singh,J.)
April 23, 2026
Radhika
Digitally signed by :-
RADHIKA VISHWAKARMA
High Court of Judicature at Allahabad
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