Court No. - 70 Case :- APPLICATION U/S 528 BNSS No. - 15722 of 2025 Applicant :- Rahul Varun Opposite Party :- State Of U.P. And 11 Others Counsel for Applicant :- Saurabh Raj Counsel for Opposite Party :- G.A. Hon'ble Rajeev Misra,J. 1. Heard Mr. Girish Pandey, Advocate, holding brief of Mr. Saurabh Raj, the learned counsel for applicant, the learned A.G.A. for State-opposite party-1 and Mr. Pranav Tiwari, the learned counsel representing accused/opposite party-3. 2. Perused the record. 3. Applicant-Rahul Varun, who is alleged to be a witness in the crime in question, 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 graciously be pleased to allow this application and direct the 1st Additional Sessions Judge, Basti to record the statement of applicant through video conferencing in Sessions Trial Sections 302, 147, 148, 149, 323, 504, 506, 427, 394, 411, 120-B I.P.C. and Section 7 of Criminal Law (Amendment) Act, 2013 relating to Police Station District Lalganj, Basti expeditiously within time bound period as may be fixed by this Hon'ble Court, failing which applicant shall suffer irreparable loss and injury and/or pass such other and further order which this Hon'ble Court may deem fit and proper in the circumstances of the case." 4. Mr. Pranav Tiwari, the learned counsel representing accused/opposite party-3 submits that by means of order dated 06.05.2025 passed by Additional District and Sessions Judge in Sessions Trial No.304 of 2022 (State Versus Virendra Bahadur Pal @ Babbu Pal and others), applicant has already been discharged by Court below. As such, the prayer prayed for by means of present application has now been rendered infructuous. He, therefore, submits that in view of above, the present applicant is liable to be dismissed as having rendered infructuous. 5. Learned counsel for applicant does not oppose the submissions urged by Mr. Pranav Tiwari, the learned counsel representing accused/opposite party-3. Learned A.G.A. has also no objection to the present application be dismissed as having rendered infructuous. 6. In view of above, present application is liable to be dismissed as having rendered infructuous. 7. It is, accordingly, dismissed as having rendered infructuous. 8. Interim order, if any, stands vacated. Order Date :- 13.5.2025 Imtiyaz Digitally signed by :- IMTIYAZ AHMAD High Court of Judicature at Allahabad