Allahabad High Court
PARMSHILA DEVIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent jurisdiction.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Criminal Case No. 7784 of 2025) arising under the U.P. Prevention of Cow Slaughter Act and the Prevention of Cruelty to Animals Act. During the hearing, the applicant’s counsel indicated that the applicant no longer wished to pursue the quash application and instead wanted the freedom to file a suitable application or bail petition before the appropriate court. The High Court noted the applicant’s request and dismissed the Section 528 application as not pressed, while granting liberty to file any appropriate application before a competent jurisdiction. The court ordered the return of the certified copy of the documents to the applicant’s counsel after retaining a xerox. The order was pronounced on May 6, 2026.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 is maintainable for quashing the criminal proceedings.
- Whether the court can dismiss the application on the ground that it is not pressed by the applicant.
- Whether the applicant is entitled to liberty to file a different application or bail petition before a competent court.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Prevention of Cruelty to Animals Act — s. 11
- U.P. Prevention of Cow Slaughter Act — s. 3, 5A, 5B, 8
Subjects
- criminal procedure
- quash petition
- Section 528
- cow slaughter
- animal cruelty
- procedural dismissal
- liberty to file application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18642 of 2026
Parmshila Devi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Tiwari, Atul Singh, Sunil
Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Abhishek Tiwari, learned counsel for the applicant, Shri A.K. Rai,
learned A.G.A. for the State and perused the material on record.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Criminal Case No. 7784 of 2025, arising out of case crime No. 58 of
2025, under Section 3/5A/5B/8 of U.P. Prevention of Cow Slaughter Act and
Section 11 of The Prevention of Cruelty to Animals Act, Police Station-
Kandwa, District Chandauli as well as cognizance/summoning order dated
29.10.2025, pending in the court of Civil Judge (J.D.)/Judicial Magistrate,
Chandauli.
After some arguments, learned counsel for the applicant does not want to
press this application and wants liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
The instant application is dismissed as not pressed with liberty to file
appropriate application/bail application/proceedings before the court of
competent jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, after retaining a xerox of the same.
May 6, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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