Allahabad High Court
KULDEEPversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty to file a suitable application before a competent court.
Summary
Kuldeep filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the pending Special Case No. 1642 of 2025, which arose from a crime under Sections 363 and 376(2)(N) of the Indian Penal Code and Sections 5I, 5J(ii)/6 of the POCSO Act. The case was at the stage of charge framing, and the applicant had not yet surrendered before the trial court. The learned Additional Government Advocate noted the pending status and the applicant’s lack of surrender. The applicant later indicated he did not wish to pursue the present application and sought liberty to file a suitable application later. The court dismissed the application on the ground that it was not pressed, while granting the applicant liberty to approach the appropriate forum subsequently.
Issues considered
- Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita for quashing criminal proceedings is maintainable at the charge‑framing stage.
- Whether the court should entertain the application when the applicant has not surrendered before the trial court.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 363, 376(2)(N)
- Protection of Children from Sexual Offences Act — s. 5I, 5J(ii), 6
Subjects
- Section 528
- quash proceedings
- POCSO Act
- criminal procedure
- application dismissed
- charge framing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 28073 of 2026
Kuldeep
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Praveen Kumar Srivastava
Counsel for Opposite Party(s) : Arvind Kumar Sahu, G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Praveen Kumar Srivastava, learned counsel for the applicant, Sri Arvind
Kumar Sahu, learned counsel for the opposite party no. 2 and Sri Ashwani
Kumar Rai, learned A.G.A. for the State are present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of Special
Case No. 1642 of 2025, arising out of Case Crime No. 478 of 2023, under
Sections 363, 376(2)(N) of I.P.C. and Section 5I, 5J(ii)/6 of POCSO Act,
Police Station- Dataganj, District- Budaun, as well as cognizance/
summoning order dated 05.08.2025 pending in the Court of Special Judge
(POCSO Act), Budaun.
Learned A.G.A. pointed out that case is pending for framing of charge
against the applicant and the applicant has not surrendered before the trial
court till today. After some arguments, learned counsel for the applicant
does not want to press this application and wants liberty to file an
appropriate application/ proceedings before the court of competent
jurisdiction.
Certified copy of the order may be returned to the learned counsel for the
applicant after retaining a xerox thereof.
In view of the above, the application is dismissed as not pressed with the
aforesaid liberty.
September 23, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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