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Allahabad High Court

ANKIT BHARDWAJ AND 10 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed as not pressed.

Summary

The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings (Case No. 227001 of 2022) pending before the Additional Chief Judicial Magistrate, Varanasi, which involved offences under Sections 420, 467, 468, 471, 120 of the IPC and Section 66 of the IT Act. After hearing, the counsel for the applicants indicated that they no longer wished to pursue the application. Consequently, the court held that the application could not be entertained as it was not pressed. The application was therefore dismissed. The dismissal left the original criminal proceedings untouched.

Issues considered

  • Whether the application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the pending criminal proceedings should be entertained.

Legislation cited

Subjects

  • Section 528
  • Bharatiya Nagarik Suraksha Sanhita
  • quash proceedings
  • application dismissed
  • criminal case
  • withdrawal of application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 19418 of 2026

                                    Ankit Bhardwaj And 10 Others
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                      :     Sanjay Kumar Rai
                                    Counsel for Opposite Party(s)                 :     G.A.

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

                                    1. Sri Sanjay Kumar Rai, learned counsel for the applicants and Sri Alok
                                    Mishra, learned A.G.A. for the State are present.

                                    2. The present application under Section 528 of Bharatiya Nagarik Suraksha
                                    Sanhita has been filed to quash the entire proceedings of Case No. 227001 of
                                    2022, arising out of Case Crime No. 0020 of 2022, under Sections 420, 467,
                                    468, 471 and 120 I.P.C., and Section 66 I.T. Act, P. S. Cyber Crime, District
                                    Varanasi as well as cognizance/ summoning order dated 24.11.2022,
                                    pending in the court of Additional Chief Judicial Magistrate, Court no.1,
                                    Varanasi.

                                    3. After some arguments, learned counsel for the applicants does not want to
                                    press the present application and the same may be dismissed as not pressed.

                                    5. In view of above, the application u/s 528 BNSS is dismissed as not
                                    pressed.

                                    May 12, 2026
                                    Imtiyaz
                                                                                      (Sanjay Kumar Pachori,J.)




Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad


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