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Allahabad High Court

SUDARSHAN YADAVversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 of the BNSS is dismissed as not pressed.

Summary

The applicant, Sudarshan Yadav, filed an application under Section 528 of the BNSS 2023 seeking to quash the proceedings of Special Case No. 183 of 2026, which stemmed from Crime No. 387 of 2025 involving offences under Sections 74 and 352 of the B.N.S. and Sections 7 and 8 of the POCSO Act. The application was presented before the High Court of Judicature at Allahabad. After hearing, the applicant’s counsel indicated that he no longer wished to pursue the application. Consequently, the court dismissed the application on the ground that it was not pressed, while allowing the applicant to file a fresh application if appropriate. The court ordered the return of certified copies of the documents to the applicant’s counsel.

Issues considered

  • What is the appropriate course of action when an application under Section 528 of the BNSS is not pressed by the applicant?

Legislation cited

Subjects

  • quash
  • application dismissed
  • Section 528
  • BNSS
  • POCSO Act
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 18655 of 2026

                                    Sudarshan Yadav
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 3 Others
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                        :   Sitaram Yadav
                                    Counsel for Opposite Party(s)                   :   G.A.

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

                                    Sri Sitaram Yadav, learned counsel for the applicant and Sri Madhvendra
                                    Pratap Singh, 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 entire proceedings of Special Case No. 183 of 2026,
                                    arising out of Case Crime No. 387 of 2025, under Sections 74, 352 of
                                    B.N.S. and Section 7/8 of POCSO Act, P.S. Rounapar, District Azamgarh
                                    as well as cognizance/summoning order dated 12.02.2026, pending in the
                                    Court of Special Judge (POCSO Act), Azamgarh.

                                    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 6, 2026
                                    MAA/-

                                                                                   (Sanjay Kumar Pachori,J.)




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

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