Dismissed¶14

Sanjay v. State of U.P. and Another

Allahabad HC28 Oct 2025NA528/40063/2025

Case brief

AI extract

What is this about?

Section 528 BNSS application dismissed; quashing of charge-sheet refused after charge framed in 2023 and discharge application rejected on 14.09.2022; victim/opposite party no.2 absent for deposition despite bailable warrants; consenting-party plea rejected; trial court left free to issue processes for victim's deposition; Sessions Trial No.1344 of 2021; Case Crime No.355 of 2021; Sections 376, 328, 506 IPC; P.S. Kotwali, Muzaffar Nagar; decided October 29, 2025 by Avnish Saxena, J.

What did the court decide?

Application dismissed; however, the learned trial court may issue adequate processes for procuring the presence of opposite party no.2 (victim) for her deposition. ¶14

Sanjay Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

¶1

HIGH COURT OF JUDICATURE AT ALLAHABAD

¶2

APPLICATION U/S 528 BNSS No. - 40063 of 2025

Sanjay

.....Applicant(s)

Versus

State of U.P. and Another

¶7

.....Opposite Party(s)

¶8

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

¶9

HON'BLE AVNISH SAXENA, J.

¶10

Sri Anil Kumar Srivastava, learned counsel appears for the applicant and submits that the victim is not appearing before the court for deposition despite the charge being framed in the year 2023 and issuance of bailable warrants against her. Hence, he seeks intervention of this Court to quash the charge-sheet and proceedings as the opposite party no.2 was a consenting party.

¶11

Learned A.G.A. appears for the State.

¶12

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

¶13

Considering that the charge has already been framed against the accusedapplicant in the year 2023, though his discharge application was rejected on 14.09.2022, there is no merit in the application.

¶14

The application under Section 528 of B.N.S.S. is dismissed.

¶15

However, learned trial court may issue adequate processes for procuring the presence of opposite party no.2 (victim) for her deposition in Sessions Trial No.1344 of 2021 (State Versus Sanjay) arising out of Case Crime No.355 of 2021 under Sections 376, 328 and 506 I.P.C., Police Station Kotwali, District Muzaffar Nagar.

¶16

October 29, 2025 MN/-

¶17

(Avnish Saxena,J.)

¶18

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

Sanjay v. State of U.P. and Another

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