Allahabad High Court
SUSHILA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the entire proceedings of Session Trial No. 443 of 2022, which pertained to crime No. 408 of 2020 involving offences under Sections 376, 377, 452, 323 and 506 of the IPC. The trial was at an advanced stage, with the recording of the accused's statements under Section 313 of the Cr.P.C. still pending. The State’s Additional Government Advocate highlighted the advanced stage of the trial. After hearing arguments, the applicants indicated that they no longer wished to pursue the application. Consequently, the Court dismissed the application as not pressed and ordered the return of the certified copy of the documents to the applicants' counsel.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be entertained at the advanced stage of the trial.
- Whether the application should be dismissed on the ground that it was not pressed by the applicants.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Code of Criminal Procedure, 1973 — s. 313
- Indian Penal Code — s. 323, 376, 377, 452, 506
Subjects
- quash of criminal proceedings
- Section 528
- application not pressed
- procedural dismissal
- criminal trial stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 23977 of 2026
Sushila And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Paritosh Sukla, Shashwat Shukla
Counsel for Opposite Party(s) : Dinesh Kumar, G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Shashwat Shukla, learned counsel for the applicants, Shri Alok Mishra,
learned A.G.A. for the State and Shri Dinesh Kumar, learned counsel for the
opposite party No. 2 are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Session Trial No. 443 of 2022, arising out of case crime No. 408 of 2020,
under Sections 376, 377, 452, 323, 506, I.P.C., Police Station- Hasanpur,
District Amroha as well as cognizance/summoning order dated 28.10.2020,
pending in the court of Additional Sessions Judge/F.T.C. No. 1. Amroha.
Learned A.G.A. pointed out that the trial of the aforesaid case is pending for
recording statement of the accused persons under Section 313, Cr.P.C. and
the trial is at advance stage.
After some arguments, learned counsel for the applicants does not want to
press this application and the same may be dismissed as not pressed.
The instant application is dismissed as not pressed accordingly.
Office shall return the certified copy of the documents to the learned counsel
for the applicants, after retaining a xerox of the same.
September 30, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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