Allahabad High Court
ARVAJ @ HASSANversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 of the BNSS is dismissed as it was not pressed by the applicant.
Summary
The applicant, Arvaj @ Hassan, filed an application under Section 528 of the BNSS seeking to quash the Special Case No. 1718 of 2025, which arose from Crime No. 136 of 2025 involving alleged offences under Sections 75(2) and 351(2) of the B.N.S. and Sections 7 and 8 of the POCSO Act. The application was filed in the High Court of Judicature at Allahabad, with counsel Om Narayan Mishra representing the applicant and G.A. for the State. During the hearing, the applicant's counsel indicated that he no longer wished to pursue the application. Consequently, the Court held that there was no longer a press for the application and dismissed it. The Court ordered that the certified copies of the documents be returned to the applicant's counsel after retaining a photocopy. The dismissal left the original POCSO proceedings pending before the Special Judge in Moradabad untouched.
Issues considered
- Whether the application under Section 528 of the BNSS seeking to quash the POCSO proceedings can be entertained.
- Whether the Court should dismiss the application on the ground that it is not pressed by the applicant.
Legislation cited
Subjects
- Section 528
- BNSS
- POCSO Act
- quash of proceedings
- application dismissed
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20347 of 2026
Arvaj @ Hassan
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Om Narayan Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Om Narayan Mishra, learned counsel for the applicant and Sri A.K.
Rai, 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. 1718 of 2025,
arising out of Case Crime No. 136 of 2025, under Sections 75(2), 351(2)
of B.N.S. and Section 7/8 of POCSO Act, P.S. Mainather, District
Moradabad as well as cognizance/summoning order dated 30.10.2025,
pending in the Court of Special Judge (POCSO Act), Court No. 2,
Moradabad.
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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