Allahabad High Court
MANOJ PANDEYversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 of the BNSS Act is dismissed as it was not pressed by the applicant.
Summary
Manoj Pandey filed an application under Section 528 of the BNSS Act, 2023, seeking to quash a Sessions Judge’s order that upheld a District Magistrate’s dismissal of his release application. The High Court heard arguments, after which the applicant’s counsel indicated that he no longer wished to pursue the application. The Court therefore dismissed the Section 528 application on the ground that it was not pressed, while allowing the applicant to file any appropriate proceedings in a competent court. Certified copies of the documents were ordered to be returned to the applicant’s counsel. The judgment was delivered on 18 May 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether an application under Section 528 of the BNSS Act can be dismissed when the applicant withdraws or does not press the application.
Legislation cited
- Bail and No‑Objection (BNSS) Act, 2023 — s. 528
Subjects
- Section 528
- BNSS Act
- application to quash
- release application
- withdrawal of proceedings
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20211 of 2026
Manoj Pandey
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashi Kant Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri S.S. Mishra, learned counsel for the applicant and Sri Abhishek
Kumar, 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 order dated 06.11.2025 passed by Sessions Judge,
Chandauli in Criminal Appeal No. 25 of 2025, whereby the appellate
court affirmed the order dated 04.09.2025 passed by District Magistrate
Chandauli in Criminal Case NO. 274 of 2025, by which the release
application has been dismissed.
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 18, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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