Allahabad High Court
SMT MAMTAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The petition under Section 528 is dismissed as no merit is made out.
Summary
The applicant, Smt Mamta, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash an order dated 3 August 2026 that had rejected the victim’s application under Section 311 of the Criminal Procedure Code in a Session Trial concerning offences under Sections 363, 366, 376 and 506 of the IPC. The victim’s examination‑in‑chief was recorded on 14 March 2022, while the quash application was filed on 21 July 2026, after a considerable delay and when the trial was already at an advanced stage awaiting the accused’s statement under Section 313 CrPC. The State’s learned Additional Government Advocate argued that the victim was attempting to become hostile by filing the belated application. The Court noted that the applicant had admitted the trial was pending for recording the accused’s statement and found no merit in the petition. Consequently, the Court dismissed the application, holding that the delay and stage of the proceedings precluded any relief. The petition was therefore dismissed.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, to quash an order rejecting a victim’s Section 311 CrPC application can be entertained at an advanced stage of the trial.
- Whether the delay in filing the quash application and the victim’s attempt to become hostile justify dismissal of the petition.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 311, 313
- Indian Penal Code — s. 363, 366, 376, 506
Subjects
- quash petition
- Section 528 BNSS
- Section 311 CrPC
- victim hostile
- delay in filing
- criminal trial
- session court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39722 of 2026
Smt Mamta
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Lakhan Lal, Shailja Trivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Lakhan Lal Gupta, learned counsel for the applicant and Shri
Chhavi Pal Singh, 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
3.8.2026 passed by Additional Sessions Judge/F.T.C. No. 1, Aligarh in
Session Trial No. 134 of 2021, arising out of case crime No. 589 of 2020,
under Sections 363, 366, 376, 506, I.P.C., Police Station- Banna Devi,
District Aligarh, whereby an application under Section 311, Cr.P.C. filed by
the victim has been rejected.
Learned A.G.A. pointed out that examination-in-chief of the victim has been
recorded on 14.3.2022 and the impugned application has been filed on
21.7.2026. The trial is at advance stage and by filing application in question,
victim wants to become hostile.
Learned counsel for the applicant fairly admits that the Session Trial
aforesaid is pending for recording the statement of accused under Section
313, Cr.P.C.
In view of the above facts and circumstances, no case is made out and
deserves no merit.
The petition is dismissed accordingly.
September 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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