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Allahabad High Court

VISHNU JANGID @ VISHNU KUMAR JANGIDversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent court.

Summary

The applicant, Vishnu Jangid, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the Session Trial No. 254 of 2026 and related POCSO proceedings. The charges framed included offences under Sections 87, 137(2), 64(2)(m) of the BNSS and Sections 5L, 5J(ii)/6 of the POCSO Act. During hearing, the applicant’s counsel indicated a desire to withdraw the application and seek a more appropriate remedy later. The court, noting that the application was not pressed, dismissed it while granting the applicant liberty to file a suitable application before a competent court. The certified copy of the order was to be returned to counsel after retaining a xerox.

Issues considered

  • Whether the application under Section 528 BNSS for quashing the criminal proceedings is maintainable
  • Whether the applicant may withdraw the application and seek liberty to file a different proceeding

Legislation cited

Subjects

  • Section 528
  • quash proceedings
  • withdrawal of application
  • BNSS
  • POCSO Act
  • criminal trial

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 33019 of 2026

                                    Vishnu Jangid @ Vishnu Kumar Jangid
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                    :   Pramod Kumar Gupta
                                    Counsel for Opposite Party(s)               :   G.A.

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

                                    Sri Pramod Kumar Gupta, learned counsel for the applicant and Sri
                                    Madhvendra Pratap 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 entire proceedings of Session
                                    Trial No. 254 of 2026, arising out of Case Crime No. 68 of 2025, under
                                    Sections 87, 137(2), 64(2)(m) of B.N.S., and Section 5L, 5J(ii)/6 of POCSO
                                    Act, Police Station- Phephna, District- Ballia, as well as cognizance/
                                    summoning order dated 09.03.2026 pending in the Court of Special Judge
                                    (POCSO Act), Court No. 8, Ballia.

                                    Learned A.G.A. pointed out that charge has been framed against the
                                    applicant in the present case. 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 23, 2026
                                    Ishan
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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