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Allahabad High Court

AJAY SONIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 of the BNSS is dismissed as not pressed.

Summary

The applicant, Ajay Soni, filed an application under Section 528 of the BNSS (2023) seeking to quash the proceedings of Special Case No. 152 of 2026, which arose from Crime No. 463 of 2025 under Sections 74, 351(2) of the B.N.S. and Sections 7 and 8 of the POCSO Act. The application was intended to halt the case pending before the Special Judge (POCSO) in Basti. During the hearing, the applicant's counsel 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 suitable application before a competent court in the future. The court ordered the return of certified copies of the documents to the applicant's counsel.

Issues considered

  • Whether an application under Section 528 of the BNSS can be dismissed when the applicant does not wish to press it

Legislation cited

Subjects

  • criminal procedure
  • quash petition
  • Section 528
  • POCSO Act
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 20362 of 2026

                                    Ajay Soni
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                     :   Amit Kumar Verma
                                    Counsel for Opposite Party(s)                :   G.A.

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

                                    Sri Amit Kumar Verma, 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 Special Case No. 152 of 2026,
                                    arising out of Case Crime No. 463 of 2025, under Sections 74, 351(2) of
                                    B.N.S. and Section 7/8 of POCSO Act, P.S. Kotwali, District Basti as
                                    well as cognizance/summoning order dated 14.01.2026, pending in the
                                    Court of Special Judge (POCSO Act)/Additional Sessions Judge, Basti, .

                                    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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