Parvendra Kumar Verma v. State of U.P. and Another
Case brief
What is this about?
Allahabad HC dismisses s.528 BNSS application (No. 9358 of 2025, decided 24.3.2025, Rajeev Misra, J.) by charge-sheeted accused Parvendra Kumar Verma seeking quashal of charge sheet dt. 21.11.2024 and cognizance/summoning order dt. 04.12.2024 of CJM Gorakhpur (case no. 31 of 2025; Case Crime No. 449 of 2024; ss. 376, 504, 506 IPC; PS Cantt., Gorakhpur). Held, relying on Kaptan Singh v. State of U.P. (2021 SCC OnLine SC 580): HC cannot test veracity of pending criminal proceedings without IO-investigation material; s.161 CrPC prosecution-witness statements not placed on record. Keywords: quashing, charge sheet, summoning order, cognizance, s.161 statements, investigation material, 528 BNSS.
What did the court decide?
This Court cannot examine the veracity of criminal proceedings pending before the court below in the absence of the material collected by the Investigating Officer during the course of investigation; hence, with the s.161 statements not furnished, the application cannot be entertained.