HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39722 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Lakhan Lal Gupta, learned counsel for the applicant and Shri Chhavi Pal Singh, learned A.G.A. for the State. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the order dated 3.8.2026 passed by Additional Sessions Judge/F.T.C. No. 1, Aligarh in Session Trial No. 134 of 2021, arising out of case crime No. 589 of 2020, under Sections 363, 366, 376, 506, I.P.C., Police Station- Banna Devi, District Aligarh, whereby an application under Section 311, Cr.P.C. filed by the victim has been rejected. Learned A.G.A. pointed out that examination-in-chief of the victim has been recorded on 14.3.2022 and the impugned application has been filed on 21.7.2026. The trial is at advance stage and by filing application in question, victim wants to become hostile. Learned counsel for the applicant fairly admits that the Session Trial aforesaid is pending for recording the statement of accused under Section 313, Cr.P.C. In view of the above facts and circumstances, no case is made out and deserves no merit. The petition is dismissed accordingly. September 18, 2026 T. Sinha Versus Counsel for Applicant(s) : Lakhan Lal, Shailja Trivedi Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Pachori,J.) Smt Mamta .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad