Allahabad High Court

SUNIL KUMARversusSTATE OF U.P. AND ANOTHER

Decided: 8 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The application was dismissed as it was not pressed, and no order was made on the merits of the quash petition.

Summary

The applicant, Sunil Kumar, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking to quash the criminal proceedings in Case No. 68536 of 2024, which involved offences under Sections 386, 420, 506 and 342 of the IPC. The application was filed before the High Court of Judicature at Allahabad, seeking a complete dismissal of the case pending before the Chief Judicial Magistrate, Bhadohi. During the hearing, the applicant’s counsel indicated that the applicant no longer wished to pursue the application. The Court noted that the application was not pressed and therefore could not be entertained. Consequently, the Court dismissed the application, granting the applicant liberty to file any other appropriate application such as anticipatory bail or regular bail before a competent court. No substantive merits of the quash petition were examined.

Issues considered

Whether an application under Section 528 of the BNSS seeking to quash criminal proceedings is maintainable when the applicant withdraws the request.

Legislation cited

Bharatiya Nagarik Suraksha Sanhita — s. 528
Indian Penal Code — s. 342, 386, 420, 506

Subjects

criminal procedure
quash of proceedings
Section 528 BNSS
withdrawal of application
anticipatory bail
IPC offences

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 27298 of 2026

                                    Sunil Kumar
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

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

                                    Court No. - 77
                                                     HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Shyam Chandra Pandey, learned counsel for the applicant and
                                    Tej Bhan Singh, learned A.G.A. for the State.

                                    The present application under Section 528 of the Bharatiya Nagarik
                                    Suraksha Sanhita has been filed to quash the entire proceedings of Criminal
                                    Case No. 68536 of 2024, arising out of Case Crime No. 0085 of 2024, under
                                    Sections 386, 420, 506, 342 of I.P.C., Police Station- Suriyanwa, District-
                                    Bhadohi, as well as cognizance/ summoning order dated 31.1.2025, pending
                                    in the Court of CJM, Bhadohi.

                                    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/anticipatory bail application/bail application/proceedings
                                    before the court of competent jurisdiction.



                                                                                    (Sanjay Kumar Pachori,J.)
                                    September 9, 2026
                                    KJ




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad

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