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Neutral Citation No. - 2025:AHC:136563 Court No. - 79 Case :- APPLICATION U/S 528 BNSS No. - 29426 of 2025 Applicant :- Dharmendra @ Kallu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwakar Mishra,Vinod Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Avnish Saxena,J.
1. Heard Sri Diwakar Mishra, learned counsel for the applicant and learned A.G.A. for the State.
2. Learned counsel for the applicant submits that the impugned in the present application under Section 528 B.N.S.S. is the order dated 19.04.2025 passed by the court of S.C./S.T. Act, Jalaun at Orai in S.T. No. 146 of 2023 (State Vs. Dharmendra) in which, during the trial, at stage of prosecution evidence, the applicant accused has placed a video recording clip before the Court, to be taken on record and further seek indulgence of the court that the applicant may be permitted to ask certain questions to the victim on the basis of that video clip. This application of the applicant was rejected by the Court on the ground that at the stage of prosecution evidence, the application for placing the materials relied on by the accused, cannot be taken on record.
3. Learned A.G.A. accepts notice for the State and opposed the prayer.
4. This Court does not found it necessary to issue notice to opposite party no.2.
5. The application at the time of prosecution evidence moved by the accused for introducing any material for placing before the prosecution witness during cross- examination is not legally tenable. The accused has a right to lead evidence in defence in view of Section 233 Cr.P.C.
6. As such, this Court does not found it justifiable to interfere in the impugned
order passed by the trial court.
7. The application is devoid of merits and hence dismissed.
Order Date :- 12.8.2025 Shivangi (Avnish Saxena, J.) Digitally signed by :- SHIVANGI YADAV High Court of Judicature at Allahabad