Neutral Citation No. - 2025:AHC:49144 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 10875 of 2025 Applicant :- Harendra Pal @ Gandhi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Saurabh Srivastava,J. 1. At the very outset, learned counsel for applicant prays that at the time of institution of the instant application, due to typographical error, name of one police station has not been mentioned in the prayer clause i.e. in fifth line from bottom of first para which has to be police station "Mahawan and Baldev". 2. Prayer as made by learned counsel for applicant is allowed. Necessary incorporation shall be carried out during course of the day. 3. Heard Sri Ramesh Kumar Singh, learned counsel appearing on behalf of applicant and learned AGA for the State. 4. The instant application has been preferred with the prayer to quash the order dated 17.02.2025 passed by learned Additional Sessions Judge, Mathura through which application dated 20.01.2025 preferred at the behest of applicant arising out of Case Crime no. 202/2024 under sections 109, 319(5) BNS and Section 3/25/27 Arms Act, PS- Mahawan and Baldev, District Mathura, has been rejected. Further prayer has been made to direct the court concerned to secure/protect the CCTV footage of Police Station Mahawan and Baldev, District Mathura from 01.09.2024 to 03.09.2024 and keep the same on record. 5. Learned counsel for applicant submitted that specific prayer has been made through application dated 20.01.2025 for preserving the CCTV footage of Police Station Mahawan and Baldev from date 01.09.2024 to 03.09.2024 through which the defence of the applicant may be taken up at the stage of Section 313 Cr.P.C. Learned court of Additional District and Sessions Judge/ Fast Track Court no. 2, Mathura while considering the application preferred at the behest of applicant returned with the finding that the stage of seeking defence is altogether available with the applicant at the stage of Section 313 Cr.P.C. and there is hardly any need to preserve the CCTV footage and directing the same at this stage. 6. Learned counsel for the applicant submitted that in the strict direction passed by Hon'ble Apex Court in case of Paramvir Singh Saini vs. Baljit Singh & others, reported in 2021 (1) SCC 184, it is mandated as per the judgment dated 02.12.2020 that CCTV footage is preserved for a certain time period which shall not be less than six months and the victim has a right to have the same secured in the event of violation of his human rights. 7. Per contra, learned AGA vehemently opposed the prayer and rebutted the stand taken up by learned counsel for applicant and justified the order which impugned the present application by way of supporting the same and submitted that the stage of defence is altogether available to the applicant at the stage demonstrated and mentioned by learned court while passing the order dated 17.02.2025 and there is hardly any infirmity which requires consideration by this Court. 8. After having the rival submissions extended by learned counsel for the parties and perusing the records, it is crystal clear that once the CCTV footage will not be preserved, the same cannot be taken as a defence at the time of stage of Section 313 Cr.P.C and since the same will take some time and due to passage of considerable period of time, it is high probability of non-availability of CCTV footage which cannot be restored at that stage. The judgment relied upon by learned counsel for the applicant passed by Hon'ble Apex Court in case of Paramvir Singh Saini (supra) is squarely covering the field and facts of the instant matter and as such impugned order dated 17.02.2025 is hereby set aside. Learned court of Additional Sessions Judge, Fast Track Court no. 2, Mathura is hereby directed to issue specific direction for preserving CCTV footage of Police Station Mahawan and Baldev, District Mathura for the specific period i.e. from dated 01.09.2024 to 03.09.2024 so that the same can be taken as defence, if required at the stage of Section 313 Cr.P.C. 9. The application stands allowed accordingly. Order Date :- 5.4.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad