Neutral Citation No. - 2025:AHC:125877 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 24597 of 2025 Applicant :- Swapnil Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Om Narayan Pandey Counsel for Opposite Party :- G.A. Hon'ble Sandeep Jain,J. 1. Heard learned counsel for the applicants and the learned A.G.A. for the State-respondent. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing the impugned order dated 24.04.2025 passed by Chief Judicial Magistrate, Court No. 14, Shahjahanpur in Case No. 912 of 2025 (State vs. Swapnil Sharma and others) arising out of Case Crime No. 800 of 2024 under Sections 191(2), 190, 51(2), 103(1), 49, 54, 352, 351(3) BNS, Police Station Sadar Bazar, District Shahjahanpur pending before District and Sessions Judge, Shahjahanpur. Further prayer has been made to direct the learned court below to provide all relevant documents including case diary of aforesaid case in the same form to the applicants as filed by the prosecution within stipulated period and also to stay the further proceedings of Case No. 912 of 2025 (State vs. Swapnil and others) arising out of Case Crime No. 800 of 2024 under Sections 191(2), 190, 51(2), 103(1), 49, 54, 352, 351(3) BNS, Police Station Sadar Bazar, District Shahjahanpur pending before District and Sessions Judge, Shahjahanpur. 3. Learned counsel for the applicants submits that an application was filed by the applicants before the Chief Judicial Magistrate, Shahjahanpur for providing them the evidence collected by the Investigating Officer during investigation in the same form as was submitted by the Investigating Officer after completion of investigation, but that application was rejected by the Chief Judicial Magistrate, Shahjahanpur vide impugned order dated 24.04.2025. Learned counsel for the applicants further submitted that without having the complete evidence collected by the Investigating Officer, it is not possible for the applicants to cross-examine the prosecution witnesses during the trial. Learned counsel for the applicants further submitted that an application to the same effect was also moved before the court of District and Sessions Judge, Shahjahanpur which was also rejected by him in default. 4. Learned counsel for the applicants submitted that in the above facts and circumstances the impugned order be quashed and the trial court be directed to provide the applicants the evidence as directed under Section 230 BNSS. 5. Learned A.G.A. for the State submitted that the contention of the applicants is misconceived. He further submitted that the evidence collected during the investigation was voluminous and it was submitted at the time of committal in the form of electronic mode and as such the applicants were given option to obtain it in electronic form but that option was refused by the applicants. Learned A.G.A. submitted that a similar application was moved by the applicants before the court of District and Sessions Judge, Shahjahanpur on 27.05.2025 which has also been rejected. It is further submitted that the application has been moved to delay the proceedings in the trial court. With these submissions it is prayed that this application be dismissed. 6. Section 230 BNSS stipulates that where the evidence collected by the Investigating Officer during investigation is voluminous then instead of furnishing the accused and the victim (if represented by an advocate) with a copy thereof, such evidence may be furnished through electronic means or it may also be directed that the accused may inspect it either personally or through an advocate in Court. 7. It appears from the perusal of the impugned order that after investigation the Investigating Officer had submitted the entire evidence through 12 pen drives and a photocopy of that evidence was put up on the file of the committal court. The option was also provided to the accused to obtain the copy of the case diary but that was refused by them and keeping in view that the trial was being delayed the case was committed by the Chief Judicial Magistrate to the court of District and Sessions Judge, Shahjahanpur. 8. It also appears that an application 10-kha was moved by the applicants on 27.05.2025 before the court of District and Sessions Judge, Shahjahanpur for providing them the voluminous evidence through pen drives but it appears that the application was rejected on the same day in default, as the counsel of the applicants was not present to press that application. 9. In view of above facts and circumstances, it will be appropriate that the order dismissing the application 10- Kha by the court of District and Sessions Judge, Shahjahanpur on 27.05.2025, as well as the impugned order dated 24.04.2025 passed by Chief Judicial Magistrate, Court No. 14, Shahjahanpur be set aside and the same are set aside. The application 10-kha is restored to the file of the trial court. 10. The trial court is directed to decide the application 10- kha dated 27.05.2025 afresh, after hearing the learned counsel for the applicants, in accordance with law. 11. The application u/s 528 BNSS is accordingly disposed of. Order Date :- 29.7.2025 Jaswant Digitally signed by :- JASWANT KUMAR High Court of Judicature at Allahabad