NA528/41489/2026 of LAKHAN TOMAR Vs STATE OF U.P. AND ANOTHER on 6 October 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41489 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Saroj Kumar Tiwari, learned counsel for the applicant and Sri Alok Mishra, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the order dated 05.09.2026 passed by Additional Sessions Judge/ Fast Track Court, Court No. 1, Aligarh in Session Trial No. 3037 of 2024, arising out of Case Crime No. 262 of 2023, under Sections 376, 506 of I.P.C. and Section 67-A and 66 of Information Technology (Amendment) Act 2008, Police Station- Delhi Gate, District- Aligarh, whereby an application under Section 311 of Cr.P.C. filed by the prosecution has been allowed. Learned A.G.A. pointed out that the witness (sister of the victim) who filed an affidavit under Section 65-B of Indian Evidence Act) has been called for examination. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file an appropriate application/ proceedings before the court of competent jurisdiction. Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof. In view of the above, the application is dismissed as not pressed with the aforesaid liberty. October 7, 2026 Ishan Versus Counsel for Applicant(s) : Saroj Kumar Tiwari Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Pachori,J.) Lakhan Tomar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad