✦ Allahabad High Court

2025 Sumit Alias Krishn Kumar State Of U.P. And 2 Others & Anr. v. Sumit @ Krishan Kumar) & Ors.

BNSS No. 47271 of 2025PRAVEEN KUMAR GIRI

Case at a glance

Bench
PRAVEEN KUMAR GIRI

Provisions considered

Judgment

1.

Shri Rajesh Kumar Vishwakarma, learned counsel for the applicants is present.

2.

Learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS with the relief which has been mentioned in the prayer clause of the application.

3.

The relief which has been mentioned in the application is delineated below:- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and to quash/set-aside the entire criminal proceeding of the Session Trial No. 2662 of 2025 (State Vs. Sumit @ Krishan Kumar and other), as well as charge sheet No. 01 of 2024 dated 02.12.2024 and cognizance order dated 27.03.2025 as well as summoning order dated 01.11.2025 passed by learned Special Judge (S.C./S.T. Act), Aligarh arising out of Case Crime No. 0774 of 2024 Under Section 74, 115(2), 352, 351(2), 351(3) of B.N.S. 2023 and Section The S.C./S.T. (Prevention of Atrocities) Amendment Act, 2015, Police Station Banna Devi, District- Aligarh, pending in the court of Special Judge (S.C./S.T. Act), Aligarh, District- Aligarh, U.P."

4.

Issue notice to opposite party No.3.

5.

Shri Pankaj Kumar Tripathi, learned AGA is directed to obtain the 2 NA528 No. 47271 of 2025 photo-copy of original statement recorded under Section 183 BNSS of the victim, as after perusal of the case diary, it appears that some part of the statement of victim recorded under Section 183 BNSS is missing.

6.

List this case as fresh on 25.02.2026.

7.

Learned AGA is directed to communicate this order to opposite party No.3 through the concerned police station. February 10, 2026 K.Tiwari (Praveen Kumar Giri,J.)

Precedent status how later indexed judgments have treated this case

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