Allahabad High Court
MANISH AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to the applicants to file an appropriate application before a competent court.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the entire proceedings of Special Case No. 326 of 2024 arising from a POCSO and IPC offences case. The application challenged the cognizance and summoning order dated 28.10.2024 issued by the Special Judge (POCSO Act) in Azamgarh. During the hearing, counsel for the applicants indicated that they no longer wished to pursue the present application and instead desired liberty to file a suitable application before a competent court. The learned Single Judge noted that the opposite party’s second respondent was absent and that the application was not being pressed. Consequently, the court dismissed the application as not pressed, granting the applicants liberty to file an appropriate application or bail proceeding before the appropriate jurisdiction. The court ordered the return of certified copies of documents to the applicants’ counsel after retaining a xerox.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash criminal proceedings is maintainable
- Whether the court may dismiss an unpressed application and grant liberty to file another appropriate application before a competent court
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 323, 34, 354, 506
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- Section 528
- quash proceedings
- application dismissed
- POCSO
- criminal procedure
- liberty to file
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 2141 of 2025
Manish And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Dinesh Yadav, Mahesh Kumar Yadav,
Pradeep Kumar
Counsel for Opposite Party(s) : Aarti Singh, Arvind Kumar Yadav,
Ashwini Kumar, G.A., Veerendra Pratap
Singh
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Pradeep Kumar, learned counsel for the applicants, Shri A.K.Rai, learned
A.G.A. for the State and perused the material on record. None appears for
the opposite party No. 2 even in the revised call.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicants to quash the entire
proceedings of Special Case No. 326 of 2024, arising out of case crime No.
419 of 2023, under Sections 354-B, 323, 506, 34, I.P.C. and Section 7/8 of
Protection of Children from Sexual Offences Act, Police Station-
Gambhirpur, District Azamgarh as well as cognizance/summoning order
dated 28.10.2024, pending in the court of Special Judge (POCSO Act),
Azamgarh.
After some arguments, learned counsel for the applicants does not want to
press this application and wants liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
The instant application is dismissed as not pressed with liberty to file
appropriate application/bail application/proceedings before the court of
competent jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicants, after retaining a xerox of the same.
May 6, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
Checking your session…