Balvir Singh and Another vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Balvir Singh and Another vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No quashing granted; application disposed of — trial court left to issue adequate processes against the victim/witness to secure her deposition, and applicants retain liberty to move for adequate remedy before this Court if she continues to refrain from appearing.

Issue for consideration

Whether the entire proceedings of S.T. No. 320 of 2019 (State Versus Balvir and others), arising out of Case Crime No. 384 of 2018 under Sections 376, 420, 313, 323, 504 and 506 I.P.C., Police Station Shikohabad, District Firozabad, should be quashed through an application under Section 528 of B.N.S.S., given the victim/witness's non-appearance for deposition despite a bailable warrant and charges having been framed twice. +1 more

Court's answer

The application under Section 528 of B.N.S.S. was disposed of accordingly, with no direction to quash the trial proceedings.

Ratio / Principle

The Court held that the trial court may issue adequate processes against the victim/witness for procuring her presence before the court for recording her deposition, she not having appeared in the trial court since 2021, when the charge was first framed.

Key takeaways

The Court found that 'there is no point in issuing of notice to opposite party no.2' and accordingly issued no notice to her.obiter¶12
As a conditional rider, if the witness, despite issuance of processes, refrains from appearing before the trial court for deposition, the applicants are at liberty to move for adequate remedy before this Court.obiter¶20

Detailed headnote1 paragraphs

Criminal Law – Quashing of Proceedings – Section 528, Bharatiya Nagarik Suraksha Sanhita, 2023 – Non-appearance of victim/witness – High Court of Judicature at Allahabad (Hon'ble Avnish Saxena, J.), Application U/S 528 BNSS No. 39071 of 2025, Balvir Singh & Anr. v. State of U.P. & Anr., decided October 28, 2025: Applicants sought quashing of the entire proceedings of S.T. No. 320 of 2019 (State Versus Balvir and others), arising out of Case Crime No. 384 of 2018 under Sections 376, 420, 313, 323, 504 and 506 I.P.C., Police Station Shikohabad, District Firozabad, pending before the Additional Sessions Judge/F.T.C.-1st, Firozabad, complaining that opposite party no. 2 (victim) was not appearing for deposition despite issuance of a bailable warrant, and that charges had been framed twice (04.02.2021 and 12.09.2022, following F.I.R. of 16.04.2018). Perusal of record confirmed the victim's continued absence (last order-sheet 06.06.2025). The Court disposed of the application without quashing, observing that the trial court may issue adequate processes against the victim/witness to procure her presence for deposition, she being absent since the charge was first framed in 2021; and that if the witness nonetheless refrains from appearing, the applicants are at liberty to move for adequate remedy before this Court. Notice to opposite party no. 2 was deemed unnecessary.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 39071 of 2025

Balvir Singh And Another

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Rajesh Kumar Pandey
Counsel for Opposite Party(s)	: G.A.
Court No.- 81

HON'BLE AVNISH SAXENA, J.

Sri Rajesh Kumar Pandey, learned counsel appears for the applicants and submits that opposite party no.2 is not appearing before the trial court for deposition, despite issuance of bailable warrant against her. He further submits that the trial court has framed charges twice. First, charge has been framed on 04.02.2021 and thereafter on 12.09.2022. It is in that backdrop that present application under Section 528 of B.N.S.S. has been filed for quashing entire proceeding of S.T. No.320 of 2019 (State Versus Balvir and others) arising out of Case Crime No.384 of 2018 under Sections 376, 420, 313, 323, 504 and 506 I.P.C., Police Station Shikohabad, District Firozabad, pending in the court of Additional Sessions Judge/F.T.C.-1st, Firozabad.

Learned A.G.A. appears for the State and opposes the prayer made by the applicants.

There is no point in issuing of notice to opposite party no.2.

This Court has taken into consideration the submissions made by the parties and perused the record.

Perusal of record shows that the F.I.R. has been lodged on 16.04.2018. After submission of charge-sheet and taking of cognizance the charge was framed on 04.02.2021 and thereafter on 12.09.2022. The trial court has consistently made observation that accused are appearing but the victim/witness is not appearing before the court which led to issuance of bailable warrant. Last order-sheet is of 06.06.2025, which shows that the victim is not appearing before the trial court for her deposition.

The trial court may issue adequate processes against the victim/witness for

NA528 No. 39071 of 2025

2

procuring her presence before the court for recording her deposition, who is not appearing in the trial court since 2021, when the charge was first framed.

The application under Section 528 of B.N.S.S. is disposed of accordingly.

If the witness, despite issuance of processes, refrains herself from appearing before the trial court for her deposition, the applicants are at liberty to move for adequate remedy before this Court.

October 28, 2025 MN/-

(Avnish Saxena,J.)

Digitally signed by :- MAHENDRA NATH High Court of Judicature at Allahabad