Allahabad High Court
SALAUDDIN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNSS was dismissed because the applicant chose not to press it.
Summary
The applicants, Salauddin and another, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings arising from Case Crime No. 361 of 2025, which involved multiple offences under the BNSS. During the hearing, the applicants' counsel indicated that they no longer wished to pursue the quash application and instead wanted the freedom to file a different application before the trial court. The court noted the applicants' request for liberty to file another proceeding. Consequently, the court dismissed the present application on the ground that it was not pressed. The certified copy of the order was to be returned to the applicants' counsel after retaining a xerox copy.
Issues considered
- Whether the application under Section 528 BNSS seeking to quash the criminal proceedings should be entertained when the applicant withdraws it
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 318(4), 336(3), 338, 340(2), 351(2), 352, 528, 61(2)
Subjects
- criminal procedure
- quash petition
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- application dismissed
- procedural withdrawal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29495 of 2026
Salauddin And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aniket Kumar, Gaurav Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Aniket Kumar, learned counsel for the applicants and Sri Abhishek
Kumar, 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 Criminal
Case, arising out of Case Crime No. 361 of 2025, under Sections 318(4),
338, 336(3), 340(2), 115(2), 352, 351(2), 61(2) of B.N.S., Police Station-
Majhola, District- Moradabad, as well as cognizance/ summoning order
dated 03.09.2025 pending in the Court of Additional Chief Judicial
Magistrate, Court No. 4, Moradabad.
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 trial court.
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 24, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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