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Allahabad High Court

RAJENDRA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

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

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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