HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36371 of 2026 Court No. - 79 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard learned counsel for applicant and learned AGA-I appearing on behalf of opposite party nos.1, 2 and 3. 2. The instant application has been preferred for seeking quashing of order dated 07.08.2026 passed by learned Special Chief Judicial Magistrate, Prayagraj in Case Crime No.73 of 2026, under sections 115(2), 352, 351(2), 308(5), 309(4), 61(2) BNS, P.S. Puramufti, District- Prayagraj and direct the learned court concerned to conduct the appearance of applicant through video conferencing in the above-mentioned case. 3. At the very outset, learned counsel for applicant submitted that the impugned order passed by learned court concerned is totally against the provisions contained under section 530 BNSS, since specific procedure is available under section 530 Bhartiya Nagrik Suraksha Sanhita, 2023, which provides that procedure to be held in electronic mode and the same has been prayed by learned counsel for applicant. For ready reference, section 530 Bhartiya Nagrik Suraksha Sanhita, 2023 is reproduced herein below:- "530. Trial and proceedings to be held in electronic mode. All trials, inquires and proceedings under this Sanhita, including- (i) issuance, service and execution of summons and warrant; (ii) examination of complainant and witnesses; Versus Counsel for Applicant(s) : Dinesh Chandra Pandey, Mithilesh Kumar Shukla Counsel for Opposite Party(s) : Deepak Kumar Singh, G.A., Shubham Singh Abid Pradhan .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) (iii) recording of evidence in inquiries and trials; and (iv) all appellate proceedings or any other proceeding, may be held in electronic mode, by use of electronic communication or use of audio-video electronic means." 4. Per contra, learned AGA-I vehemently opposed the prayer sought through instant application, but could not dispute the above legal question raised by learned counsel for applicant. 5. Since legal argument has been raised by learned counsel for applicant and as such process to issue notice to opposite party no.2 is hereby dispensed with. 6. Considering the prayer as made through instant application as well as the provisions contained under section 530 BNSS, the impugned order dated 07.08.2026 passed by learned Special Chief Judicial Magistrate, Prayagraj in Case Crime No.73 of 2026, under sections 115(2), 352, 351(2), 308(5), 309(4), 61(2) BNS, P.S. Puramufti, District- Prayagraj, is hereby set- aside. Applicant is hereby permitted to put his appearance through video conferencing as per the procedure defined under section 530 BNSS. 7. Accordingly, the instant application is allowed. September 16, 2026 Saif NA528 No. 36371 of 2026 2 (Saurabh Srivastava,J.) Digitally signed by :- SHAIKH SAIF ABDIN High Court of Judicature at Allahabad