Allahabad High Court
LEELADHARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The Court disposed of the application, granting liberty to file a fresh application within two weeks and directing the trial court to decide it according to law.
Summary
The applicant, Leeladhar, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash an order dated 19 August 2026 passed in Session Trial No. 240 of 2019, which had rejected his Section 311 Cr.P.C. application. The High Court observed that the application was filed without any proposed questions to be asked of the victim (PW‑2) and that counsel admitted this omission. The applicant expressed a wish to withdraw the present application and instead file a fresh one containing the proposed questions. The Court, considering the facts, directed that a fresh application be filed within two weeks and that the trial court decide it in accordance with law. Accordingly, the present application was disposed of.
Issues considered
- Whether an application under Section 528 BNSS can be entertained when it does not specify proposed questions to be asked of a witness
- Whether the applicant should be permitted to file a fresh application with the requisite proposed questions
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 311
- Indian Penal Code — s. 323, 376, 506
Subjects
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- CrPC Section 311
- procedural law
- victim testimony
- application to quash
- trial court directions
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39367 of 2026
Leeladhar
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Saxena
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Rahul Saxena, 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
19.8.2026 passed in Session Trial No. 240 of 2019, arising out of case crime
No. 112 of 2019, under Sections 376, 323, 506, I.P.C., Police Station-
Deoriya Kalan, District Pilibhit, 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/F.T.C., Pilibhit.
Learned counsel for the applicant fairly admits that the application in
question has been filed without mentioning any proposed questions, which
was left to be asked to PW-2, victim in earlier cross-examination.
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-2, victim 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-2, victim in 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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