Allahabad High Court
JITENDRA @ JITUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed, with liberty to file appropriate proceedings before the competent jurisdiction.
Summary
The applicant, Jitendra @ Jitu, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash an order dated 18‑08‑2026 that dismissed his Section 311 Cr.P.C. application to recall witnesses PW‑1 and PW‑2 in a murder trial (IPC §§302, 34). He further requested liberty to file certified copies of the witnesses' statements recorded before the Juvenile Justice Board as defence evidence. The court noted that the trial was listed for recording the accused's statement under Section 313 Cr.P.C. and that the applicant had not pressed the present application. Consequently, the court dismissed the application, granting liberty to file an appropriate application or defence evidence before the competent court, and ordered the certified copy of the order to be returned to counsel.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the order dismissing the Section 311 Cr.P.C. application can be entertained.
- Whether the applicant is entitled to liberty to file certified copies of witness statements recorded before the Juvenile Justice Board as defence evidence.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 311, 313
- Indian Penal Code — s. 302, 34
Subjects
- Section 528
- quash order
- certified copy
- defence evidence
- Juvenile Justice Board
- Criminal Procedure Code
- IPC 302
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39259 of 2026
Jitendra @ Jitu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Satyam Narayan
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Satyam Narayan, learned counsel for the applicant and Sri
Alok Mishra, learned A.G.A. for the State are present.
The present application under Section 528 of Bhartiya Nagrik
Suraksha Sanhita, 2023 has been filed to quash the order dated
18.8.2026 passed in Session Trial No. 763 of 2014, arising out of
case crime No. 430 of 2014, under Sections 302, 34, IPC, Police
Station Bisrakh, District Gautam Budh Nagar, whereby an
application under Section 311, Cr.P.C. filed by the
applicant/accused to recall PW-1 and PW-2 has been dismissed,
pending in the court of Additional Sessions Judge/F.T.C. No.
2, Gautam Budh Nagar.
Learned counsel for the applicant fairly admits that the aforesaid
trial is listed for recording the statement of accused/applicant
under Section 313, Cr.P.C. He further admits that the applicant
wants liberty to file certified copy of the statements of PW-1 &
PW-2, which have been recorded before the Juvenile Justice
Board in the same case, which is pending against juvenile as
defence evidence.
After some arguments, learned counsel for the applicant does not
want to press this application and wants liberty to file appropriate
application/proceedings before the court of competent
jurisdiction.
The instant application is dismissed as not pressed with liberty to
NA528 No. 39259 of 2026
2
file appropriate application/proceedings/defence evidence before
the court of competent jurisdiction.
Office shall return the certified copy of the order to the learned
counsel for the applicant, after retaining a xerox of the same.
September 23, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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