HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 17252 of 2026 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Farman Naqvi, learned Senior Counsel assisted by Sri Zaheer Asghar, learned counsel for applicant, Sri Avijit Saxena, learned counsel for opposite party no.2 and learned AGA for opposite party nos.1 and 3. 2. The instant application has been preferred for challenging the impugned orders dated 20.02.2026, 13.03.2026 and 17.03.2026 passed by learned Special Chief Judicial Magistrate, Prayagraj, which is in shape of ensuring presence of applicant for proving the narration of FIR over which the case has been registered at Case Crime No.166 of 2001 in pursuance to sections 467, 468, 420, 120B IPC and currently registered as Case No.1760 of 2015 (State vs. Uma Shankar). 3. It is informed by learned Senior Counsel for the applicant that it is the applicant who preferred the first information report and as such he has been summoned for proving the same as one of the prosecution witnesses and the applicant is presently residing at Pune, Maharashtra, aged about 75 years, after being retired as Additional District Judge from the cadre of Higher Judicial Services, State of U.P.; being inquired from the applicant with regard to original copy of FIR available with the record of Case No.1760 of 2015, the same has been replied through questionnaire that original FIR is not available with the file and the same has been appended at page-25 as Annexure No.5 to the affidavit filed in support of instant application. 4. Learned Senior Counsel for the applicant also submitted that once the original copy of the FIR is not available with the record, there is hardly any Versus Counsel for Applicant(s) : Fatma Anjum, Syed Ahmed Faizan, Sr. Advocate, Zaheer Asghar Counsel for Opposite Party(s) : Ashish Mishra, G.A. Tariq Manzoor Khan Retired District Judge .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) useful purpose served for attaining the court proceedings by the applicant. 5. Sri Avijit Saxena, learned counsel appearing on behalf of High Court, Allahabad also supported the stand taken up by learned Senior Counsel appearing on behalf of applicant that the purpose for summoning the applicant being prosecution witness will not be served if the original copy of FIR is not available with the learned court concerned. 6. After hearing rival submissions extended by learned counsel for the parties, one thing is crystal clear that the narration of FIR has to be proved by the applicant himself and as such in any case if the original copy of FIR is not available, copy available with the learned trial court be provided to the applicant at his destination, i.e., Q-303, Centria Hills and Dales, near Kad Nagar, Pune, Maharashtra and the appearance of applicant before learned trial court during proceedings be ensured through video conferencing, which is provided under section 530 BNSS. 7. In view of above, impugned orders dated 20.02.2026, 13.03.2026 and 17.03.2026 are hereby set-aside and the instant application stands allowed in terms of directions as made above. May 5, 2026 Saif NA528 No. 17252 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad