Allahabad High Court
KRISH @ SHIVENDRA MISHRA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 of the BNSS is dismissed as not pressed.
Summary
The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Criminal Case No. 4277 of 2026) arising from several offences under the B.N.S. and the Criminal Law (Amendment) Act. After hearing, the applicants' counsel chose not to pursue the application. Consequently, the court dismissed the application on the ground that it was not pressed, while allowing the applicants to file a suitable application before a competent court if desired. The court ordered the return of certified copies of documents to the applicants' counsel after retaining a photocopy. No substantive merits of the quash petition were examined.
Issues considered
- Whether an application under Section 528 of the BNSS can be dismissed when the applicant does not press it
Legislation cited
- B.N.S. — s. 109(1), 115(2), 191(2), 191(3), 351(3), 352, 79
- Criminal Law Amendment Act — s. 7
Subjects
- criminal procedure
- quash of criminal proceedings
- Section 528
- application dismissed
- withdrawal of petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 17755 of 2026
Krish @ Shivendra Mishra And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Brijesh Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
1. Sri Brijesh Kumar Mishra, learned counsel for the applicants and Sri
Ashwani Rai, learned A.G.A. for the State are present.
2. The present application u/s 528 of BNSS of 2023 has been filed with
prayer to quash the entire proceedings of Criminal Case No. 4277 of 2026,
arising out of Case Crime No. 0096 of 2025, under Sections 191(2), 191(3),
115(2), 352, 351(3), 79, 109(1) of B.N.S., and Section 7 Criminal Law
(Amendment) Act, P.S. Rampur Karkhana, District Deoria as well as
cognizance/summoning order dated 24.03.2026, pending in the Court of
Chief Judicial Magistrate, Court No.17, Deoria.
3. After some arguments, learned counsel for the applicants does not want to
press the present application.
4. 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.
5. Certified copies of the relevant documents be returned to learned counsel
for the applicants after retaining a photocopy of the same.
May 12, 2026
Imtiyaz
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad
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