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Allahabad High Court

VIKAS DUTT SHARMA AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The High Court dismissed the application, holding that no interference with the advanced trial court proceedings was warranted.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code seeking interference with ongoing trial court proceedings under Sections 244 and 246 CrPC. The High Court examined the record and noted that the trial court proceedings were at an advanced stage with witness examination in progress. The Court held that, given the advanced status of the trial, it was not appropriate to intervene. Consequently, the Court found no ground for interference. The application was dismissed.

Issues considered

  • Whether the High Court should interfere with trial court proceedings pending under Sections 244 and 246 CrPC.

Legislation cited

Subjects

  • interference
  • trial court proceedings
  • Criminal Procedure Code
  • Section 528
  • procedural law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                  APPLICATION U/S 528 BNSS No. - 44461 of 2025

                                    Vikas Dutt Sharma And 6 Others
                                                                                                       .....Applicant(s)
                                                                          Versus
                                    State of U.P. and Another
                                                                                                          .....Opposite
                                                                                                                Party(s)

                                    Counsel for Applicant(s)                             :    Umair Mahmood
                                    Counsel for Opposite Party(s)                        :    G.A.

                                    Court No. - 74
                                                             HON'BLE DEEPAK VERMA, J.

                                    1. Heard learned counsel for the applicants and perused the record.

                                    2. On perusal of the record, it is apparent that the proceedings under Sections
                                    244 and 246 Cr.P.C. are pending before the trial Court and witnesses are
                                    being examined therein.

                                    3. Considering that the proceedings before the trial Court are at an advanced
                                    stage, this Court is not inclined to interfere in the matter.

                                    4. In view of the facts and circumstances of the case, no interference is
                                    required.

                                    5. The application is, accordingly, dismissed.

                                    May 14, 2026
                                    Fahad
                                                                                                    (Deepak Verma,J.)




Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad


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