Allahabad High Court
ANTRIKSH KUMAR SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 528 BNSS is dismissed as withdrawn.
Summary
The applicant, Antriksh Kumar Singh, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Session Case No. 883 of 2022) against Bharat Singh and others, which involved offences under the IPC and the SC/ST Act. The applicant later indicated that the application should be treated as withdrawn. The Court examined the record and found no interim order had been passed. Accordingly, the Court allowed the prayer to dismiss the application as withdrawn. The Registrar was directed to inform the trial court of this order.
Issues considered
- The Court’s jurisdiction to dismiss an application under Section 528 BNSS as withdrawn.
- Whether the withdrawal of the application suffices to dismiss the prayer for quashing the criminal proceedings.
Legislation cited
- BNSS Act — s. 528
- Indian Penal Code — s. 323, 325, 452, 504, 506
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(Da), 3(2)(va)
Subjects
- quash of criminal proceeding
- withdrawal of application
- Section 528 BNSS
- criminal procedure
- court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 20885 of 2025
Antriksh Kumar Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Akshay Kumar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Akshay Kumar Shukla, learned counsel for the applicant,
Ms. Arti Agarwal, learned counsel for the State and perused the record.
3. The present application under Sections 528 BNSS has been filed by the
applicant Antriksh Kumar Singh with the prayer to allow the present
application and quash the entire proceeding of Session Case No. 883 of
2022 (State Vs. Bharat Singh and others) including cognizance order
dated 18.11.2022 arising out of charge sheet No. 59A/22 dated
22.10.2022 in case crime No. 64 of 2022, under Sections 323, 452, 504,
506, 325 I.P.C. and section 3(2)(va) and 3(1)(Da) of S.C./S.T. Act, P.S.-
Pakadi, District Ballia, pending in the court of learned Special Judge
(SC/ST) Act, Ballia and with a further prayer to stay the further
proceedings of the said case.
4. At the very outset learned counsel for the applicant states that the
present application U/s 528 BNSS be dismissed as withdrawn.
5. Prayer is allowed.
6. The present application is dismissed as withdrawn.
7. The records do not show of passing any interim order in the matter.
8. Registrar (Compliance) to communicate this order to the trial court
concerned within a week.
(Samit Gopal,J.)
September 24, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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