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Allahabad High Court

KOKAN YADAV @ INDAJEET YADAV AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 of the BNSS is dismissed as it was not pressed by the applicants.

Summary

The applicants filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Special Case No. 181 of 2026) arising from Crime No. 50 of 2025, which involved charges under various sections of the BNSS and the POCSO Act. The application was presented before the Hon'ble Justice Sanjay Kumar Pachori of the Allahabad High Court. During the hearing, the counsel for the applicants indicated that they no longer wished 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 fresh application before a competent court if desired. The court ordered the return of certified copies of the documents to the applicants' counsel after retaining a photocopy.

Issues considered

  • Whether the application under Section 528 of the BNSS seeking quash of the criminal proceedings should be entertained when the applicants withdraw their request.

Legislation cited

Subjects

  • Section 528
  • BNSS
  • POCSO Act
  • quash of proceedings
  • withdrawal of application
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 18860 of 2026

                                    Kokan Yadav @ Indajeet Yadav And 2 Others
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)             :   Jaysingh Yadav, Vikas Kumar
                                    Counsel for Opposite Party(s)        :   G.A.

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

                                    Sri Jay Singh Yadav, learned counsel for the applicants and Sri Chhavipal
                                    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. 181 of 2026,
                                    arising out of Case Crime No. 50 of 2025, under Sections 115(2), 352,
                                    351(3), 117(2), 74 BNS and under Section 7/8 of POCSO Act against
                                    applicant no. 1 and under Sections 115(2), 352, 351(3), 117(2) of BNS
                                    against applicant nos. 2 and 3, P.S. Gyanpur, District Bhadohi, pending in
                                    the Court of Special Judge (POCSO Act)/Additional Sessions Judge.

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

                                    May 7, 2026
                                    MAA/-

                                                                                   (Sanjay Kumar Pachori,J.)




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

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