Allahabad High Court
ASHOK KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court held that the applicant may file a fresh application within two weeks with any proposed questions left to be asked to PW‑1, and the trial court shall decide it; otherwise the present application is disposed.
Summary
The applicant, Ashok Kumar, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash an order dated 8 June 2026 that had rejected his Section 311 Cr.P.C. application in a criminal trial involving offences under Sections 147, 148, 149, 302, 504 and 506 of the IPC. The applicant admitted that his earlier application did not identify any specific question left unanswered to witness PW‑1 during cross‑examination and that the case was scheduled for prosecution evidence. He expressed a desire to withdraw the present application and instead file a fresh application, if necessary, with any proposed questions that remain unanswered. The Court, after hearing counsel, directed that the applicant may file a fresh application within two weeks, and the trial court should then decide it according to law. In the absence of such a fresh filing, the present application was disposed of.
Issues considered
- Whether the order rejecting the Section 311 Cr.P.C. application can be quashed under Section 528 of the BNSS, 2023.
- Whether there were any unanswered questions to PW‑1 that warrant a fresh application.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 147, 148, 149, 302, 504, 506
Subjects
- criminal procedure
- Section 311 CrPC
- Section 528 BNSS
- quash order
- cross‑examination
- proposed questions
- trial court direction
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39273 of 2026
Ashok Kumar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Narayan Singh(Kushwaha)
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Narayan Singh Kushwaha, learned counsel for the applicant and
Shri Alok Mishra, learned A.G.A. for the State.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the order dated
8.6.2026 passed in Session Trial No. 457 of 2016, arising out of case crime
No. 117 of 2016, under Sections 147, 148, 149, 302, 504, 506, I.P.C., Police
Station- Aliganj, District Etah, whereby an application under Section 311,
Cr.P.C., which was filed by the applicant/accused, has been rejected,
pending in the court of Additional Sessions Judge, Court No. 1, Etah.
Learned counsel for the applicant fairly admits that in the application in
question, no proposed question left to be asked to PW-1 in earlier cross-
examination, as mentioned. He further admits that the case is listed for
prosecution evidence.
Learned counsel for the applicant does not want to press the present
application and wants liberty to file a fresh application with proposed
questions, if any, left to be asked to PW-1 in earlier cross-examination.
In view of the above facts and circumstances, if any application with
proposed questions left to be asked to the PW-1, in earlier cross-
examination is filed by the applicant within two weeks from today, trial
court is directed to decide the same in accordance with law.
With the aforesaid direction, the instant application is disposed of.
September 23, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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