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Allahabad High Court

RITIK KUMAR RAIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application was dismissed because it was not pressed by the applicant.

Summary

The applicant, Ritik Kumar Rai, filed an application under Section 528 of the BNSS Act seeking to quash an order dated 23 March 2026 passed by the District Magistrate of Mau in Criminal Case No. 2303 of 2025. The impugned order related to offences under the Prevention of Cow Slaughter Act, Animal Cruelty Act, the BNSS Act, and the Arms Act. During the hearing, the applicant’s counsel indicated that the applicant no longer wished to pursue the application. Consequently, the Court observed that the application was not pressed and dismissed it, granting the applicant liberty to file any appropriate proceedings before a competent court. Certified copies of the documents were ordered to be returned to the applicant’s counsel.

Issues considered

  • Whether the order dated 23-03-2026 passed by the District Magistrate can be quashed under Section 528 of the BNSS Act

Legislation cited

Subjects

  • Section 528
  • quash order
  • application dismissed
  • criminal procedure
  • prevention of cow slaughter
  • animal cruelty
  • arms act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 18397 of 2026

                                    Ritik Kumar Rai
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)            :   G.A., Ramesh Kumar Chaurasia
                                    Counsel for Opposite Party(s)       :   G.A.

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

                                    Sri Ramesh Kumar Chaurasia, learned counsel for the applicant and
                                    learned A.G.A. 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 23.03.2026 passed by District Magistrate,
                                    Mau in Criminal Case No. 2303 of 2025, arising out of Case Crime No.
                                    259 of 2025, under Sections 3/5A/8 of Prevention of Cow Slaughter Act
                                    and Section 11 of Animal Cruelty Act and Section 3(5), 109, 151(3) of
                                    B.N.S. and Section 3/25 of Arms Act, P.S. Dohrighat, District Mau.

                                    After some arguments, learned counsel for the applicant 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 applicant after retaining a photocopy of the same.

                                    May 5, 2026
                                    MAA/-

                                                                                   (Sanjay Kumar Pachori,J.)




Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad


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