Allahabad High Court
VISHNU JANGID @ VISHNU KUMAR JANGIDversusSTATE 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 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
- Bharatiya Nagarik Suraksha Sanhita — s. 137(2), 528, 64(2)(m), 87
- Protection of Children from Sexual Offences (POCSO) Act — s. 5J(ii), 5L, 6
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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