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Allahabad High Court

ANSHUL ALIAS KAVIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicant, Anshul Alias Kavi, filed an application under Section 528 of the BNSS (2023) seeking to quash the criminal proceedings (Case No. 17192/9 of 2025) arising from a charge under Sections 3, 5 and 25 of the Arms Act in Muzaffarnagar. The application was intended to halt the case pending before the Additional Civil Judge (J.D.). During the hearing, the applicant’s counsel, Vijay Pratap Singh, indicated that the applicant 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 after retaining a photocopy.

Issues considered

  • Whether an application under Section 528 of the BNSS seeking to quash criminal proceedings can be dismissed when the applicant does not press the application.

Legislation cited

Subjects

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

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 18880 of 2026

                                    Anshul Alias Kavi
                                                                                                .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                     :    Vijay Pratap Singh
                                    Counsel for Opposite Party(s)                :    G.A.

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

                                    Sri V.P. Singh, learned counsel for the applicant and Sri Alok Mishra,
                                    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 Case No. 17192/9 of 2025,
                                    arising out of Case Crime No. 291 of 2024, under Sections 3/5/25 of
                                    Arms Act, P.S. Titavi, District Muzaffarnagar as well as
                                    cognizance/summoning order dated 19.06.2025, pending in the Court of
                                    Additional Civil Judge (J.D.), Court No. 2, Muzaffarnagar.

                                    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 7, 2026
                                    MAA/-



                                                                                     (Sanjay Kumar Pachori,J.)




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

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