Allahabad High Court
AMAN YADAVversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNSS is dismissed as it was not pressed by the applicant.
Summary
The applicant, Aman Yadav, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings (Special Case No. 2305 of 2025) arising from charges under Sections 137(2), 87, 65(1) of the BNSS, Sections 3/4 of the POCSO Act, and Section 3(2)(V) of the SC/ST Act. The charge sheet had been framed on 7 April 2026, but the applicant did not challenge it. During the hearing, the applicant’s counsel indicated that he no longer wished to pursue the present application and instead wanted liberty to file a more appropriate petition before a competent court. The court, noting that the application was not pressed, dismissed it while granting the applicant liberty to file another appropriate application. The certified copy of the order was to be returned to counsel.
Issues considered
- Whether the application under Section 528 BNSS seeking quash of the criminal proceedings is maintainable at this stage.
- Whether the court can dismiss the application on the ground that it is not pressed by the applicant.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 137(2), 528, 65(1), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
- Scheduled Castes (Prevention of Atrocities) Act — s. 3(2)(V)
Subjects
- quash of criminal proceedings
- Section 528 BNSS
- procedural application
- application dismissed
- liberty to file appropriate petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 28205 of 2026
Aman Yadav
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjeev Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Sanjeev Kumar Yadav, learned counsel for the applicant and Sri Chavi
Pal Singh, 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. 2305 of 2025, arising out of Case Crime No. 140 of 2025, under
Sections 137(2), 87, 65(1) of B.N.S., and Section 3/4 POCSO Act and
Section 3(2)(V) of SC/ST Act, Police Station- Harpur Budhat, District-
Gorakhpur, as well as cognizance/ summoning order dated
29.09.2025 pending in the Court of Additional Sessions Judge/Special
Judge, POCSO Act, Court No. 1, Gorakhpur.
Learned A.G.A. pointed out that charge has been framed on 07.04.2026
against the applicant, which has not been challenged 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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