Allahabad High Court
BABLOO YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 419, 420, 467, 468, 471, 504, 506
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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