HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 21773 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicants, Sri Ayush Kaushik, learned counsel for opposite party no. 2 and learned AGA for the State. 2. This application has been filed by the applicants for quashing the impugned order dated 09.5.2025 passed by Additional Session Judge, Court No.9, Meerut in S.T. No.232 of 2020 (State Versus Vijay & others) arising out of Case Crime No. 864 of 2019, under Sections 498-A, 302 IPC & 3/4 of Dowry Prohibition Act, P.S. Kankar Kheda, District Meerut, rejecting the applicant's application 26-Kha dated 25.10.2023. 3. Learned counsel for the applicant submits that applicant is the accused and by impugned order dated 9.5.2025 application of the applicant for sending the disputed pen drive to the Forensic Science Laboratory has been rejected. Learned counsel for the applicant further submits that previously pen drive was filed, however, court concerned by order dated 7.7.2023 rejected the application on the ground that there is no Forensic Science Laboratory in respect of pen drive. Learned counsel for the applicant further submits that pen drive in question is an important evidence as the same as per the applicant contains video of the deceased, therefore, the same is required to be sent to Forensic Science Laboratory. Learned counsel for the applicant further submits that the court concerned has rejected the application on the ground that disputed pen drive in question was required to be considered at the stage of defence evidence and at present the prosecution evidence is going on. Learned counsel for Versus Counsel for Applicant(s) : Mohit Kumar Counsel for Opposite Party(s) : Ayush Kaushik, G.A. Vijay .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the applicant further submits that pen drive contains video of the deceased. It is for the Forensic Science Laboratory to submit that there was no previous sample to corroborate the video of the pen drive and at this stage, the court concerned could not have form an opinion that there was no sample. Learned counsel for the applicant further submits that he could not dispute the position in law that the defence evidence is required to be produced at the stage when the defence evidence is opened by the court concerned. 4. At this stage, learned counsel for the applicant submits that he may be permitted to press the application for sending the pen drive to the Forensic Science Laboratory at the stage of defence. 5. Learned counsel for the informant and learned A.G.A. have no objection to the prayer made by the learned counsel for the applicant. 6. It is further to be seen that the question of video sample on behalf of defence is to be considered by the court concerned at the stage of defence evidence when the question arises with regard to sending the pen drive to the Forensic Science Laboratory when the defence evidence is opened. At this stage, when the case is fixed for prosecution evidence there was no occasion for considering such pen drive. 7. Accordingly, the impugned order dated 09.5.2025 passed by Additional Session Judge, Court No.9, Meerut in S.T. No.232 of 2020 (State Versus Vijay & others) arising out of Case Crime No. 864 of 2019, under Sections 498-A, 302 IPC & 3/4 of Dowry Prohibition Act, P.S. Kankar Kheda, District Meerut, rejecting the applicant's application 26-Kha dated 25.10.2023 is hereby set aside and liberty is granted to the applicant to press the application for sending the pen drive in question to the Forensic Science Laboratory at the stage of defence evidence. It is open for the applicant to demonstrate before the court concerned that proposal being sent for Forensic Science Laboratory in view of the fact that the brother of the deceased was alive who has recorded the video in the pen drive. The veracity of the video can be examined by the Forensic Science Laboratory whether the video has been tampered or not so far as the question whether the same is the recording which has been made by the deceased is NA528 No. 21773 of 2025 2 required to be proved by the applicant before the trial court. 8. With the aforesaid observation, the application under Section 528 BNSS is disposed of. September 8, 2025 VMA NA528 No. 21773 of 2025 3 (Vikram D. Chauhan,J.) Digitally signed by :- VISHWA MOHAN ARORA High Court of Judicature at Allahabad