Neutral Citation No. - 2025:AHC:144722 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 29421 of 2025 Applicant :- Dr. Kartikeya Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raj Kumar Kesari Counsel for Opposite Party :- Ajay Kumar Shukla,G.A.,Prabha Shanker Mishra Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application has been filed by applicants for quashing the impugned order dated 20.2.2025 passed by Judicial Magistrate, Court No.IInd, Aligarh in Criminal Case No.29542 of 2022, State Vs. Kartikeya Sharma and others, arising out of Case Crime No.1306 of 2021, under Sections 498A, 323, 504, 506, 354(ka) I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Qwarsi, District Aligarh as well as entire proceedings. 3. Learned counsel for the applicants submits that the application for cross-examining the wife on the WhatsApp chat which were brought on record has been rejected on the ground the trial is at prosecution evidence stage. The WhatsApp evidence would have relevancy in the present case and the same would be required to be confronted with the wife. The trial court has rejected the application on the ground that at the stage of prosecution evidence, the defence evidence cannot be introduced and have granted liberty to the applicants to produce the defence evidence at the appropriate stage. 4. It is to be seen that the right of accused person to lead defence evidence is established principal of law. The alleged WhatsApp chat which are being claimed by the applicants to be introduced as the defence evidence for the purpose of cross-examination of the wife can always be introduced at the stage of defence evidence, if there is any need to cross-examine any prosecution witness on the issue of any defence evidence filed at the stage of introducing of defence evidence, then it will remain open for the applicants to file an application to call for cross-examination on the aforesaid after the WhatsApp chat is proved by the applicants. 5. At this stage, there is no error in the impugned order. However, liberty stands granted to the applicants to introduce alleged WhatsApp chat at the time of defence evidence and prefer an application for cross-examining the wife on the evidence introduced, if so required by giving reasons and, if any such application is filed, the same would be considered by the court concerned in accordance with law. 6. It is further submitted by learned counsel for the applicants that the applicant nos.2 and 3 are senior citizens and the applicants may be permitted to appear before the court concerned through Video Conferencing in accordance with Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020. 7. Learned counsel for opposite party no.2 has no objection to the aforesaid prayer. 8. Accordingly, liberty stands granted to the applicants to prefer an application before the court concerned in accordance with Rules for Video Conferencing for Courts in the State of Uttar Pradesh, 2020. If any such application is filed, the court concerned would permit the applicants to appear before the court concerned through Video Conferencing subject to the condition that if the court concerned summons the applicants in person, the applicants would be obliged under law to remain present before the court concerned personally. 9. With the aforesaid directions/observations, the application stands disposed of. Order Date :- 21.8.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad