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Allahabad High Court

PAWAN KUMAR @ AKHILESHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as it was not pressed, with liberty granted to the applicant to file an appropriate application before a competent court.

Summary

The applicant filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Special Case No. 53 of 2022, which involved offences under Sections 363 and 366-A of the IPC and Sections 7 and 8 of the POCSO Act, as well as a pending order of the Juvenile Justice Board. During the hearing, the applicant’s counsel indicated that the applicant no longer wished to pursue this specific application and requested liberty to file a more appropriate petition in the future. The court noted the applicant’s request and, finding that the application was not being pressed, dismissed it while granting the requested liberty. No substantive merits of the quash petition were examined. The order was signed by the presiding judge and a certified copy was to be returned to counsel.

Issues considered

  • Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash criminal proceedings can be entertained when the applicant withdraws it.
  • Whether the court may dismiss an application that is not pressed and grant liberty to file a suitable application later.

Legislation cited

Subjects

  • Section 528
  • quash of criminal proceedings
  • withdrawal of application
  • procedural law
  • juvenile justice

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 16571 of 2026

                                    Pawan Kumar @ Akhilesh
                                                                                                .....Applicant(s)
                                                                      Versus
                                    State Of U.P. And 3 Others
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                   :   Indra Kumar Chaubey
                                    Counsel for Opposite Party(s)              :   G.A.

                                    Court No. - 76
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Abhijit Kumar Padney, Advocate filed his Vakalatnama on behalf of the
                                    victim, which is taken on record.

                                    Sri Indra Kumar Chaubey, learned counsel for the applicant, Sri Abhijit
                                    Kumar Pandey, learned counsel for the opposite party no. 2 and Sri Alok
                                    Mishra, 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 entire proceedings of Special
                                    Case No. 53 of 2022, arising out of Case Crime No. 106 of 2022, under
                                    Sections 363, 366-A of I.P.C. and Section 7/8 of POCSO Act, Police
                                    Station- Chilliya, District- Siddharthnagar, as well as cognizance/
                                    summoning order dated 01.10.2022 pending in the Court of Juvenile Justice
                                    Board, Siddharthnagar.

                                    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.

                                    April 23, 2026
                                    Ishan
                                                                                   (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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