Allahabad High Court
SMT SUSHMAversusSTATE 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
Smt Sushma filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings (Criminal Case No. 3034 of 2024) arising from an alleged fraud under IPC Section 420 and the Price Chits and Money Circulation Scheme Act. The applicant admitted that the prosecution witness statement had already been recorded and that she had not filed any discharge application. During hearing, the applicant indicated she no longer wished to pursue the quash application and instead wanted liberty to file a suitable application later. The court observed that the application was not being pressed and therefore could not be entertained. Consequently, the court dismissed the application as not pressed.
Issues considered
- The propriety of entertaining an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita when the applicant does not wish to press it.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 420
- Price Chits and Money Circulation Scheme Act — s. 3, 4, 5, 6
Subjects
- quash of criminal proceedings
- Section 528
- procedural dismissal
- non-pressing of application
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 16085 of 2026
Smt Sushma
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Arpit Malviya, Awadhesh Kumar
Malviya
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Supplementary affidavit filed today, which is taken on record.
Sri A.K. Malviya, learned counsel for the applicant and Sri Pusp Raj Singh,
brief holder for the State are present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of Criminal
Case No. 3034 of 2024, arising out of Case Crime No. 401 of 2023, under
Section 420 of I.P.C. and Section 3/4/5/6 of Price Chits and Money
Circulation Scheme Act, Police Station- Baghpat, District- Baghpat, as well
as cognizance/ summoning order dated 23.05.2024 pending in the Court of
Chief Judicial Magistrate, Baghpat.
Learned counsel for the applicant fairly admits that statement of the
prosecution witness (PW-1) has been recorded during trial and the present
applicant has not filed any discharge application with regard to offence as
alleged against him.
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
NA528 No. 16085 of 2026
2
aforesaid liberty.
May 18, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
Checking your session…