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Allahabad High Court

SUNMIL ALIAS SONUversusSTATE OF U.P .AND 3 OTHERS

Decided

Holding

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

Summary

The applicant, Sunmil Alias Sonu, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Criminal Case No. 3667 of 2025) arising from alleged offences under Sections 74, 333 of the BNSS and Sections 7 and 8 of the POCSO Act in Aligarh. The application was presented before the Hon'ble Justice Sanjay Kumar Pachori of the Allahabad High Court. During the hearing, counsel for the applicant indicated that he no longer wished to pursue the application. The court noted that the applicant had not pressed the application and therefore could not be entertained. Consequently, the court dismissed the application, granting the applicant liberty to file an appropriate application before a competent court if desired. Certified copies of the documents were ordered to be returned to the applicant's counsel.

Issues considered

  • Whether an application under Section 528 of the BNSS can be entertained when the applicant withdraws or does not press the application

Legislation cited

Subjects

  • Section 528
  • application to quash
  • POCSO Act
  • withdrawal of application
  • criminal proceedings

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 20363 of 2026

                                    Sunmil Alias Sonu
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                         :   Sumit Pandey
                                    Counsel for Opposite Party(s)                    :   G.A.

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

                                    Sri Sumit Pandey, learned counsel for the applicant and Sri Karunakar
                                    Singh, 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 Criminal Case No. 3667 of
                                    2025, arising out of Case Crime No. 631 of 2025, under Sections 74, 333
                                    B.N.S. and Section 7/8 of POCSO Act, P.S. Kqarsi, District Aligarh as
                                    well as cognizance/summoning order dated 03.12.2025, pending in the
                                    Court of Special Judge (POCSO Act)/Additional Sessions Judge, Aligarh.

                                    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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