Allahabad High Court
RAJENDRA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application is dismissed for non‑prosecution due to the absence of representation by the applicants.
Summary
The applicants Rajendra and Aslam filed an application under Section 528 B.N.S.S. and Section 482 Cr.P.C. seeking to quash the criminal proceedings in Complaint Case No. 96 of 2024 (Ram Prasad v. Rajendra) filed under Sections 504, 506 IPC and Section 3(2)(VA) of the SC/ST Act. The application also requested a stay of the proceedings and the vacating of an interim order dated 11 March 2025. No counsel appeared on behalf of the applicants, and only the opposite party’s counsel was present. The court noted that a counter‑affidavit filed by the State had no rejoinder, but the lack of representation by the applicants was decisive. Consequently, the court dismissed the application for non‑prosecution, vacated any interim order, and disposed of any pending applications.
Issues considered
- Whether an application under Section 528 B.N.S.S. and Section 482 Cr.P.C. can be entertained in the absence of representation by the applicants
- Whether the court may quash the criminal proceeding pending before the Special Judge under the SC/ST Act
Legislation cited
- B.N.S.S. — s. 528
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 504, 506
- SC/ST (Prevention of Atrocities) Act — s. 3(2)(VA)
Subjects
- quash of criminal proceeding
- section 482 CrPC
- SC/ST Act
- non‑prosecution
- interim order vacated
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 26484 of 2025
Rajendra And Another
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Raj Kamal Tripathi
Counsel for Opposite Party(s) : G.A., Santosh Kumar Singh, Syed Wajid
Ali
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the applicants to press this application u/s 528
B.N.S.S. Sri Santosh Kumar Singh, learned counsel for the opposite party
no.2 an Sri Devendra Nath Mishra, learned counsel for the State is present.
3. Counter affidavit dated 12.08.2025 of the State is on record to which there
is no rejoinder affidavit on record.
4. The present application under Section 482 Cr.P.C. / 528 B.N.S.S. has been
filed by the applicants- Rajendra and Aslam with the prayer to allow the
present application and quash the entire proceeding as well as summoning
order dated 11.3.2025 in Complaint Case No. 96 of 2024 (Ram Prasad Vs.
Rajendra and others), under Sections 504, 506 I.P.C. and Section 3(2)(VA)
SC/ST Act, Police Station C.B. Ganj, District Bareilly, pending before Special
Judge SC/ST Act, Bareilly with a further prayer that proceedings of the
aforesaid case be stayed.
5. Since there is no representation from the side of the applicants, the present
application under Section 528 B.N.S.S. is dismissed for non prosecution.
6. Interim order, if any, stands vacated.
7. Pending application (s), if any, shall stand disposed of.
May 5, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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