Allahabad High Court
SALMAN HUSSAINversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 was dismissed because it was not pressed by the applicant.
Summary
The applicant filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash a Special Judge's order that affirmed a Judicial Magistrate's dismissal of a Section 156(3) Cr.P.C. application. During the hearing, the applicant's counsel expressed a desire to withdraw the application and instead seek appropriate relief in a competent court. The court noted the applicant's request for liberty to file another proceeding and ordered that the certified copy of the order be returned to counsel. Consequently, the High Court dismissed the application on the ground that it was not pressed. No substantive merits of the original revision were addressed.
Issues considered
- What is the appropriate procedure when an applicant seeks to withdraw an application under Section 528 of the BNSS?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Code of Criminal Procedure, 1973 — s. 156(3)
Subjects
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- Section 156(3) Cr.P.C.
- application withdrawal
- revision
- quash order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 29690 of 2026
Salman Hussain
.....Applicant(s)
Versus
State Of U.P. And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abou Sofian Usmani
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Abu Sofian Usmani, learned counsel for the applicant and Sri Karunakar
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 order dated 25.05.2026 passed
by Special Judge, District Maharajganj, in Criminal Revision No. 104 of
2024, whereby the revisional court affirmed the order dated 23.07.2024 by
which Judicial Magistrate, Maharajganj dismissed the application under
Section 156(3) of Cr.P.C.
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 9, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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