Allahabad High Court
BHARAT LAL @ BHARAT VERMA AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to the applicants to file a suitable proceeding before a competent court.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash an order dated 11 June 2026 passed by the Additional Sessions Judge, Prayagraj, which had set aside a magistrate’s dismissal of an application under Section 173(4) of the same Act. The High Court examined the material and heard arguments from counsel for both sides. During the hearing, the applicants indicated that they no longer wished to pursue the present application and instead wanted liberty to file a suitable proceeding before a competent court. The Court, noting that the application was not pressed, dismissed it while granting the applicants liberty to file an appropriate application later. The certified copy of the orders was to be returned to the applicants’ counsel after a xerox copy was retained.
Issues considered
- What is the appropriate procedure for seeking quash of a revisional order under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023?
- Whether the High Court can dismiss an application under Section 528 on the ground that it is not pressed by the applicant.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 173(4), 528
Subjects
- criminal procedure
- revision
- quash order
- Section 528
- Section 173(4)
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 30585 of 2026
Bharat Lal @ Bharat Verma And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Krishna Kumar Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Krishna Kumar Singh, learned counsel for the applicants, Shri
Chhavi Pal Singh, learned A.G.A. for the State and perused the material on
record.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 11.6.2026 passed by
Additional Sessions Judge/F.T.C. No. 1, Prayagraj in Criminal Revision No.
91 of 2025, whereby the revisional court set aside the order dated 24.1.2025
passed by Chief Judicial Magistrate, Prayagraj, whereby learned Magistrate
dismissed the application under Section 173(4) BNSS.
After some arguments, learned counsel for the applicants does not want to
press this application and wants liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
The instant application is dismissed as not pressed with liberty to file
appropriate application/proceedings before the court of competent
jurisdiction.
Office shall return the certified copy of the orders to the learned counsel for
the applicants, after retaining a xerox of the same.
September 8, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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