Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 92272 (ALL)

PREMANSHU KUMAR v. STATE OF U.P. AND ANOTHER

NA528/33860/2025 · 2025-09-07

Vikram D Chauhan

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33860 of 2025 Court No. - 76 HON'BLE VIKRAM D. CHAUHAN, J. 1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. The present application has been filed by applicant for quashing the impugned order dated 11.08.2025 passed by Additional Session Judge, Court No.11, Kanpur Nagar in S.T. No.20/2016 (State Vs. Premanshu Kumar) arising out of Case Crime No.373 of 2015, under Sections 498-A, 323, 304-B I.P.C. and Section 3/4 D.P. Act, Police Station Nawabganj, District Kanpur Nagar. 3. Learned counsel for applicant submits that application was filed by applicant under Section 311 Cr.P.C. for summoning the mark sheet from the school concerned. Learned counsel for applicant submits that applicant is being proceeded under Sections 498-A, 323, 304-B IPC and Section 3/4 D.P. Act. Learned counsel for applicant submits that as per stand of the applicant, the victim has failed in the examination as a result of same she as committed suicide. 4. Perusal of the impugned order would go to show that statement under Section 313 Cr.P.C. of the applicant was recorded on 15.4.2022 and thereafter five defence witnesses were produced and thereafter on 27.8.2022 defence was closed and additional statement of accused was recorded on 18.4.2023 and thereafter, matter was fixed for argument. As per record, applicant has been regularly seeking time to argue the case and thereafter present application was filed on 23.7.2025. The trial court Versus Counsel for Applicant(s) : Aman Arya Counsel for Opposite Party(s) : G.A. Premanshu Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) has recorded a specific finding that applicant is trying to delay the trial court proceedings. 5. On a query being made to learned counsel for applicant as to why aforesaid application was not filed at the time of defence evidence, learned counsel for applicant has submitted that applicant was not aware of the document. 6. It is to be seen that at such belated stage when the matter is being fixed for final argument and the applicant has not demonstrated from the order sheet of the trial court that no unnecessary adjournment has been taken. Neither the order sheet of the trial court has been brought on record. 7. In view of the aforesaid, since the applicant is trying to delay the proceeding of trial, the present application under Section 528 BNSS is dismissed. September 8, 2025 D. Tamang NA528 No. 33860 of 2025 2 (Vikram D. Chauhan,J.) Digitally signed by :- DHIRENDRA TAMANG High Court of Judicature at Allahabad