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2025 DAILYLAW 66138 (ALL)

KRISHNA v. STATE OF U.P. AND 11 OTHERS

NA528/21029/2025 · 2025-09-09

Ram Manohar Narayan Mishra

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21029 of 2025 Court No. - 92 HON'BLE RAM MANOHAR NARAYAN MISHRA, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State-respondent and perused the material available on record. 2. Instant application under Section 528 BNSS, has been filed by the applicant with prayer to connect the present petition filed by the applicant/informant against final report submitted after investigation in Case Crime No.87 of 2025, with Session Trial No. 35 of 2025, arising out of Case Crime No.252 of 2024, under Sections 191(2), 191(3), 190, 103(1), 351(3) BNSS and Section 3/25/27/30 of Arms Act, Station Shergarh, District Mathura. 3. Learned counsel for the applicant submits that applicant is an accused alongwith his mother who is Gram Pradhan and others in Case Crime No. 252 of 2024 for charge of causing death of brother of the informant Soran Singh Sonar and he is held in jail custody in said murder case, regarding which the S.T. No.35 of 2025 (State of U.P. Vs. Krishna and others ) is pending. A cross case was also registered at the instance of the applicant Krishna against Dalo and ten others on the aforesaid sections, which was registered on orders of the court passed on application under Section 175(3) BNSS, but police submitted a final report in that case in favour of accused persons. 4. The murder trial regarding murder of father, who was then Gram Pradhan is pending before the court of Additional Session Judge, FTC-II, Mathura, as S.T. No.408 of 2022 against Totoa Ram and others on Versus Counsel for Applicant(s) : Rahul Kumar, Ulajhan Singh Bind Counsel for Opposite Party(s) : G.A. Krishna .....Applicant(s) State Of U.P. And 11 Others .....Opposite Party(s) account of enmity with regard to said murder trial of father. The informant and witnesses of present case had made a life attempt on applicant in the said incident. The applicant has filed the protest petition before the court concerned against said final report submitted in favour of the accused persons in FIR of the applicant. Therefore, he had prayed for connecting said protest petition with Session Trial No.35 of 2025, in which applicant is an accused. 5. A protest petition is not a criminal case, it is simply an objection filed by the informant of an FIR against final report submitted by police after investigation of the case in favour of the accused persons and same is still pending before the court concerned as informed by the counsel for the applicant. The court concerned against whom final report protest petition has been filed by the informant of a criminal case is bound to decide the same in accordance with law. Therefore, it is directed that the court concerned shall dispose of the protest petition filed by the applicant as informed in Case Crime No.87 of 2025 dated 20.03.2025 strictly in accordance with law after giving opportunity of hearing to the applicant and State counsel, preferably within a period of two months from the date of production of a certified copy of this order. 6. The application under Section 528 BNSS is hereby disposed of with above directions. September 10, 2025 Ashish/- NA528 No. 21029 of 2025 2 (Ram Manohar Narayan Mishra,J.) Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad