Neutral Citation No. - 2025:AHC:60400 Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 43776 of 2024 Applicant :- Rakesh Kumar Gautam Opposite Party :- State Of Up And 2 Others Counsel for Applicant :- Balbir Singh Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Balbir Singh, the learned counsel for applicant and the learned A.G.A. for State-opposite party-1. 2. Perused the record. 3. Applicant-Rakesh Kumar Gautam, who is a charge sheeted accused and facing trial before Court below, has approached this Court by means of present application under Section 528 BNSS with the following prayer:- "It is, therefore, most respectfully prayed that this Hon'ble Court may kindly be pleased to allow the aforesaid application and set aside the impugned order dated 10.10.2024 passed by learned court below and direct the Station House Officer of the Police Station: Tezibajar, District-Jaunpur to produce the CCTV footage dated 28th of June, 2023, from 4.40 AM to 5.56 AM to the concerned sessions court in regard to sessions sessions trial no. 287 of 2023 arising out of case crime No. 068 of 2023 P.S. Tezibajar, District - Jaunpur, and/or may passed such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstance of the case, otherwise the applicants shall suffer irreparably. It is further prayed that this Hon'ble Court may kindly be pleased to direct the Station House Officer of the Police Station: Tezibajar, District- Jaunpur to produce the CCTV footage dated 28th of June, 2023, from 4.40 AM to 5.56 AM to the concerned sessions court in regard to sessions sessions trial no. 287 of 2023 arising out of case crime No. 068 of 2023 P.S. - Tezibajar, District Jaunpur during the pendency of instant application as CCTV is being stored in database only for a period of 18 months, and/or may passed such other and further order which this Hon'ble Court may deem fit and proper under the facts and circumstance of the case, otherwise the applicants shall be put to irreparable loss, injury and harm which cannot be compensated otherwise." 4. Present application came up for admission on 01.04.2025 and this Court passed the following order:- "As prayed by the learned AGA, put up again as fresh on 08.04.2025. By the next date, the learned AGA shall inform the Court as to whether the requisite CCTV footage is still existing in the concerned DVR or not?" 5. Pursuant to the above order dated 01.04.2025, the learned A.G.A. has obtained necessary instructions. He has also filed affidavit of compliance in Court today, which is taken on record. As per the said affidavit, it has been submitted by the learned A.G.A. that the documents desired by applicant is no longer available. As such, the copy of CCTV footage desired by applicant cannot be supplied. On the above premise, the learned A.G.A. submits that present application is now misconceived and therefore, liable to be dismissed. 6. When confronted with above, the learned counsel for applicant could not overcome the same. 7. Having heard, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and upon perusal of record, this Court finds that the objections raised by the learned A.G.A. in opposition to this application are clearly borne out from the record and furthermore, the same could not be dislodged by the learned counsel for applicant with reference to the record. In view of above, no good ground exists to entertain the present application. 8. As a result, the present application fails and is liable to be dismissed. 9. It is, accordingly, dismissed. Order Date :- 22.4.2025 Vinay Digitally signed by :- VINAY KUMAR High Court of Judicature at Allahabad