Allahabad High Court

ABID PRADHANversusSTATE OF U.P. AND 3 OTHERS

Decided: 15 September 2026
Bench: SAURABH SRIVASTAVA

Holding

The court set aside the impugned order and allowed the applicant to appear through video‑conferencing pursuant to Section 530 of the Bhartiya Nagrik Suraksha Sanhita.

Summary

The applicant Abid Pradhan filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita (BNSS) seeking to quash an order dated 07‑08‑2026 passed by the Special Chief Judicial Magistrate, Prayagraj, in Crime No.73 of 2026 and to appear through video‑conferencing. The applicant contended that Section 530 BNSS expressly provides for trials and related proceedings to be conducted in electronic mode, making the magistrate’s order contrary to law. The opposite parties opposed the prayer but did not dispute the legal question raised. The High Court held that the provisions of Section 530 BNSS were applicable, set aside the impugned order and permitted the applicant’s appearance via video‑conferencing. Consequently, the application was allowed.

Issues considered

Whether the order dated 07‑08‑2026 passed by the Special Chief Judicial Magistrate can be quashed on the ground that it contravenes Section 530 of the Bhartiya Nagrik Suraksha Sanhita.
Whether the applicant is entitled to appear before the court through video‑conferencing under Section 530 BNSS.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115, 308, 309, 351, 352, 528, 530, 61

Subjects

video conferencing
electronic trial
Section 530 BNSS
quashing order
criminal procedure
High Court
application under Section 528
Bhartiya Nagrik Suraksha Sanhita

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 36371 of 2026

Abid Pradhan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)

Counsel for Applicant(s) : Dinesh Chandra Pandey, Mithilesh
Kumar Shukla
Counsel for Opposite Party(s) : Deepak Kumar Singh, G.A., Shubham
Singh

Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.

1. Heard learned counsel for applicant and learned AGA-I appearing on
behalf of opposite party nos.1, 2 and 3.

2. The instant application has been preferred for seeking quashing of order
dated 07.08.2026 passed by learned Special Chief Judicial Magistrate,
Prayagraj in Case Crime No.73 of 2026, under sections 115(2), 352, 351(2),
308(5), 309(4), 61(2) BNS, P.S. Puramufti, District- Prayagraj and direct the
learned court concerned to conduct the appearance of applicant through
video conferencing in the above-mentioned case.

3. At the very outset, learned counsel for applicant submitted that the
impugned order passed by learned court concerned is totally against the
provisions contained under section 530 BNSS, since specific procedure is
available under section 530 Bhartiya Nagrik Suraksha Sanhita, 2023,
which provides that procedure to be held in electronic mode and the same
has been prayed by learned counsel for applicant. For ready reference,
section 530 Bhartiya Nagrik Suraksha Sanhita, 2023 is reproduced herein
below:-

"530. Trial and proceedings to be held in electronic mode.

All trials, inquires and proceedings under this Sanhita, including-

(i) issuance, service and execution of summons and warrant;

(ii) examination of complainant and witnesses;
NA528 No. 36371 of 2026
2

(iii) recording of evidence in inquiries and trials; and

(iv) all appellate proceedings or any other proceeding, may be held in electronic
mode, by use of electronic communication or use of audio-video electronic means."

4. Per contra, learned AGA-I vehemently opposed the prayer sought through
instant application, but could not dispute the above legal question raised by
learned counsel for applicant.

5. Since legal argument has been raised by learned counsel for applicant and
as such process to issue notice to opposite party no.2 is hereby dispensed
with.

6. Considering the prayer as made through instant application as well as the
provisions contained under section 530 BNSS, the impugned order
dated 07.08.2026 passed by learned Special Chief Judicial Magistrate,
Prayagraj in Case Crime No.73 of 2026, under sections 115(2), 352, 351(2),
308(5), 309(4), 61(2) BNS, P.S. Puramufti, District- Prayagraj, is hereby set-
aside. Applicant is hereby permitted to put his appearance through video
conferencing as per the procedure defined under section 530 BNSS.

7. Accordingly, the instant application is allowed.

September 16, 2026
Saif
(Saurabh Srivastava,J.)

Digitally signed by :-
SHAIKH SAIF ABDIN
High Court of Judicature at Allahabad

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