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Neutral Citation No. - 2025:AHC:123670 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 6184 of 2025 Applicant :- Amar Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Shankar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikram D. Chauhan,J.
1. Heard learned counsel for the applicant and learned AGA for the State.
2. This application has been filed by the applicant for quashing the
order dated 15.11.2021 passed by Additional District and Sessions Judge Court No.7 Ghaziabad passed in Session Trial No.168 of 2019 (State Vs. Laxman and others) arising out Case Crime No. 2585 of 2018 under Sections 498A, 304B I.P.C. and 3/4 Dowry Prohibition Act, Police Station Loni, District Ghaziabad.
3. The impugned order dated 15.11.2021 has been challenged before this Court on the ground that application under Section 311 Cr.P.C. has been rejected by the court concerned. On a query being made to learned counsel for the applicant as to why impugned
order dated 15.11.2021 was put to challenge and what is the status of trial at this stage, learned counsel for the applicant fairly submits that at the stage of Section 313 Cr.P.C. The order dated 15.11.2021 could not be challenged on earlier occasion and when new counsel was engaged, the same has been put to challenge. The application under Section 311 Cr.P.C. has been filed for re- examination of PW-1.
4. It is to be seen that in the present case about three and a half years have passed from the date of passing of the impugned order. However, the only explanation offered is that new counsel was engaged and thereafter the order has been challenged. The case is at the final stage of Section 313 Cr.P.C.
5. This Court does not deem it proper at this stage to permit challenge to the order dated 15.11.2021 and as such the present application under Section 528 BNSS is dismissed on the ground that the challenge to the order impugned is solely for the purpose of delaying the trial.
Order Date :- 28.7.2025 VMA Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad