Allahabad High Court

POKHPALversusSTATE OF U.P. AND ANOTHER

Decided: 6 May 2026
Bench: NAND PRABHA SHUKLA

Holding

The High Court held that there was no illegality in the trial court’s order as the applicant was given sufficient opportunity to cross‑examine, and therefore dismissed the application.

Summary

The applicant, Pokhpal, filed an application under Section 528 of the B.N.S.S. seeking to set aside an order dated 13 January 2026 passed by the Special Judge (E.C. Act) in Aligarh, which had rejected his earlier application under Section 311 of the Criminal Procedure Code. The impugned order arose in a criminal proceeding (Case Crime No. 124 of 2022) involving offences under Sections 498‑A, 323 and 304‑B of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The High Court examined whether the trial court had denied the applicant a fair opportunity to cross‑examine the witness (PW‑1) and whether any procedural illegality existed. Finding that the applicant was afforded sufficient opportunity to cross‑examine, the Court concluded that the trial court’s order was not illegal. Consequently, the application under Section 528 was dismissed.

Issues considered

Whether the order rejecting the application under Section 311 Cr.P.C. was procedurally illegal.
Whether the applicant was denied a fair opportunity to cross‑examine the witness.
Whether the High Court should set aside the trial court’s order under Section 528 B.N.S.S.

Legislation cited

B.N.S.S. — s. 528
Code of Criminal Procedure, 1973 — s. 311
Dowry Prohibition Act — s. 3, 4
E.C. Act
Indian Penal Code — s. 304-B, 323, 498-A

Subjects

Section 311 CrPC
cross‑examination
application under Section 528
criminal procedure
order set‑aside
trial court discretion

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 7074 of 2026

Pokhpal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)

Counsel for Applicant(s) : Rahul Kumar Sharma
Counsel for Opposite Party(s) : G.A.

Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.

1. Heard Mr. Rahul Kumar Sharma, learned counsel for the applicant,
learned A.G.A. for the State and perused the record.

2. The present application under Section 528 B.N.S.S. has been filed with a
prayer to allow this application and set-aside the impugned order dated
13.01.2026 passed by learned Special Judge (E.C. Act)/Additional District
and Session Judge, Aligarh in S.T. No. 2495 of 2022 (State Vs. Sandeep
Kumar and others) related to Case Crime No. 124 of 2022, under Sections
498-A, 323, 304-B I.P.C, and Section 3/4 D.P. Act, Police Station-Madrak,
District-Aligarh by which the learned trial Court has rejected the application
U/s 311 Cr.P.C. of the applicant.

3. From the perusal of record, it transpires that the sufficient opportunity was
given to the applicant to cross-examine P.W.-1.

4. Accordingly, this Court does not find any illegality in the order impugned,
therefore, no interference is required.

5. The instant application is, accordingly, dismissed.

May 7, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)

Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad

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