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2026 DAILYLAW 9593 (ALL)

LEELADHAR v. STATE OF U.P. AND ANOTHER

NA528/39367/2026 · 2026-09-22

Sanjay Kumar Pachori

Public Interest Litigationbody2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39367 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Rahul Saxena, learned counsel for the applicant and Shri Alok Mishra, 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 19.8.2026 passed in Session Trial No. 240 of 2019, arising out of case crime No. 112 of 2019, under Sections 376, 323, 506, I.P.C., Police Station- Deoriya Kalan, District Pilibhit, whereby an application under Section 311, Cr.P.C., which was filed by the applicant/accused, has been rejected, pending in the court of Additional Sessions Judge/F.T.C., Pilibhit. Learned counsel for the applicant fairly admits that the application in question has been filed without mentioning any proposed questions, which was left to be asked to PW-2, victim in earlier cross-examination. Learned counsel for the applicant does not want to press the present application and wants liberty to file a fresh application with proposed questions, if any, left to be asked to PW-2, victim in earlier cross- examination. In view of the above facts and circumstances, if any application with proposed questions left to be asked to the PW-2, victim in cross- examination is filed by the applicant within two weeks from today, trial court is directed to decide the same in accordance with law. With the aforesaid direction, the instant application is disposed of. September 23, 2026 T. Sinha Versus Counsel for Applicant(s) : Rahul Saxena Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Pachori,J.) Leeladhar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad