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Allahabad High Court

BABLOO YADAVversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 was dismissed as it was not pressed by the applicant.

Summary

The applicant, Babloo Yadav, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Case No. 188 of 2025) against Laxman and others, which involved offences under Sections 419, 420, 467, 468, 471, 504 and 506 of the IPC. During the hearing, the applicant's counsel indicated that he no longer wished to pursue the application. The Court therefore dismissed the Section 528 application on the ground that it was not pressed, while granting the applicant liberty to file a regular bail application or any other appropriate petition before a competent court. Certified copies of the documents were ordered to be returned to the applicant's counsel. The judgment was pronounced on 8 September 2026 by Justice Sanjay Kumar Pachori.

Issues considered

  • Can an application under Section 528 of the BNSS be dismissed when the applicant withdraws it?

Legislation cited

Subjects

  • Section 528
  • Bhartiya Nagrik Suraksha Sanhita
  • quash of criminal proceedings
  • withdrawal of application
  • procedural dismissal

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 29377 of 2026

                                    Babloo Yadav
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)              :   Hanuman Deen Verma
                                    Counsel for Opposite Party(s)         :   G.A., Ram Sajiwan Prajapati

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

                                    Heard Sri Hanuman Deen Verma, learned counsel for the applicants,
                                    learned A.G.A. for the State.

                                    The present application under Section 528 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed by the applicant to quash the entire
                                    proceedings of Criminal Case No. 188 of 2025 (State Vs. Laxman and
                                    others), arising out of Case Crime No. 05 of 2025, under Sections 419,
                                    420, 467, 468, 471, 504, 506 of I.P.C., Police Station- Parshurampur,
                                    District- Basti as well as cognizance/summoning order dated 12.03.2025,
                                    pending in the Court of Judicial Magistrate Ist, Basti.

                                    After some arguments, learned counsel for the applicants 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/regular bail application before the court of competent
                                    jurisdiction.

                                    Certified copies of the relevant documents be returned to learned counsel
                                    for the applicants after retaining a photocopy of the same.

                                    September 8, 2026
                                    v.k. updh.

                                                                                   (Sanjay Kumar Pachori,J.)




Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad


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