Allahabad High Court
ABHISHEK AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed, with liberty to file a fresh application before a competent jurisdiction.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash a seizure and forfeiture order dated 05‑02‑2026, which had been passed by the Additional District and Sessions Judge (Special Judge POCSO Act) in Criminal Case No. 171 of 2026. The order was based on multiple provisions of the B.N.S. and Sections 7 and 8 of the POCSO Act. After hearing, the counsel for the applicants indicated that they no longer wished to pursue the application. The Court therefore dismissed the application on the ground that it was not pressed, while granting the applicants liberty to file a fresh application before a competent court if desired. Certified copies of the seized documents were ordered to be returned to the applicants' counsel after a photocopy was retained.
Issues considered
- Whether the application under Section 528 of the BNSS seeking quash of the seizure/forfeiture order should be entertained when the applicants withdraw their request
Legislation cited
Subjects
- Section 528 application
- seizure order
- forfeiture order
- withdrawal of application
- POCSO Act
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 13504 of 2026
Abhishek And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Devendra Singh, Shikha Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Ms. Shilpa Ahuja, Advocate holding brief of Sri Devendra Singh, learned
counsel for the applicants and Sri B.N. Upadhyay, learned brief holder for
the State are present.
The present application u/s 528 of BNSS of 2023 has been filed with
prayer to quash the order dated 05.02.2026, whereby seizure/forfeiture
order has been passed by the Additional District and Sessions Judge
(Special Judge POCSO Act), Court no. 13, under Sections 74, 79, 126(2),
115(2), 352, 351(3) of B.N.S. and Section 7/8 of POCSO Act in Criminal
Case No. 171 of 2026, arising out of Case Crime No. 306 of 2025, P. S.
Sajeti, District Kanpur Nagar.
After some arguments, learned counsel for the applicants does not want to
press the present application.
In view of above, the present application u/s 528 of BNSS of 2023 is
dismissed as not pressed with liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
Certified copies of the relevant documents be returned to learned counsel
for the applicants after retaining a photocopy of the same.
April 20, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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