Allahabad High Court
JAMUNANANDversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 of the BNSS was dismissed as it was not pressed by the applicant.
Summary
The applicant, Jamunanand, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Criminal Case No. 175 of 2025) arising under Sections 74 and 351(2) of the B.N.S. and Sections 7 and 8 of the POCSO Act. The application was filed in the High Court of Judicature at Allahabad. During the hearing, the applicant's counsel indicated that the applicant no longer wished to pursue the application. Consequently, the court dismissed the application on the ground that it was not pressed, while allowing the applicant to file a fresh appropriate application before a competent court. The court ordered the return of certified copies of the documents to the applicant's counsel after retaining a photocopy.
Issues considered
- Whether the High Court should entertain and decide the application under Section 528 of the BNSS seeking quash of the criminal proceedings.
Legislation cited
Subjects
- Section 528 application
- quash of criminal proceedings
- withdrawal of application
- procedural dismissal
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 2747 of 2026
Jamunanand
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Chaturvedi
Counsel for Opposite Party(s) : G.A., Ravi Prakash Srivastava
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
1. Sri Satya Prakash Chaturvedi, learned counsel for the applicant, Sri Ravi
Prakash Srivastava, learned counsel for the opposite party no. 2 and Sri
Karunakar Singh, learned A.G.A. for the State are present.
2. The present application u/s 528 of BNSS of 2023 has been filed with
prayer to quash the entire proceedings of Criminal Case No. 175 of 2025,
arising out of Case Crime No. 87 of 2025, under Sections 74, 351(2) of
B.N.S., and Section 7/8 POCSO Act, P.S. Kailiya, District Jalaun as well as
cognizance/summoning order dated 17.12.2025 pending in the Court of
Additional District and Session Judge/Special Judge POCSO Act, Jalaun at
Orai.
3. After some arguments, learned counsel for the applicant does not want to
press the present application.
4. 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/proceedings before the court of competent jurisdiction.
5. Certified copies of the relevant documents be returned to learned counsel
for the applicant after retaining a photocopy of the same.
May 12, 2026
Imtiyaz
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
IMTIYAZ AHMAD
High Court of Judicature at Allahabad
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