Allahabad High Court
RAMJI VERMA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as it was not pressed by the applicant.
Summary
The applicants, Ramji Verma and another, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash a 28 September 2012 order of the Sessions Judge, Chandauli, which had affirmed the dismissal of a release application in Crime No. 319 of 2011. After hearing, the applicants' counsel indicated that they no longer wished to pursue this specific application and instead wanted liberty to file a suitable proceeding before a competent court. The High Court noted the request and ordered that the certified copy of the order be returned to counsel after retaining a xerox. Consequently, the Court dismissed the application on the ground that it was not pressed, granting the applicants liberty to file a fresh application later.
Issues considered
- Whether the application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita can be entertained to quash the revisional order.
- Whether the court may dismiss an application that the applicant chooses not to press.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
Subjects
- Criminal revision
- Section 528
- Quash order
- Application withdrawal
- Procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 10898 of 2026
Ramji Verma And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Deepak Kumar Singh, learned counsel for the applicant and Sri Chavi
Pal Singh, learned A.G.A. for the State are present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the order dated 28.09.2012 passed
by Sessions Judge, Chandauli in Criminal Revision No. 159 of 2012,
whereby the revisional court affirmed the order dated 11.05.2012 by which
release application has been dismissed by Chief Judicial Magistrate,
Chandauli relating to the Case Crime No. 319 of 2011.
After some arguments, learned counsel for the applicant does not want to
press this application and wants liberty to file an appropriate application/
proceedings before the court of competent jurisdiction.
Certified copy of the order may be returned to the learned counsel for the
applicant after retaining a xerox thereof.
In view of the above, the application is dismissed as not pressed with the
aforesaid liberty.
March 19, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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