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Allahabad High Court

SAAD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire proceedings of Session Trial No. 2133 of 2026, which pertained to offences under Sections 76, 115(2), 352 and 351(2) of the same statute. The application was presented before the High Court of Judicature at Allahabad, with Rupendra Kumar Mishra appearing for the applicants and G.A. for the State. During the hearing, the applicants indicated that they no longer wished to pursue the present application and instead wanted liberty to file a more appropriate proceeding before a competent court. The Court noted the withdrawal and dismissed the application as not pressed, while granting the applicants liberty to file a suitable application elsewhere. The certified copy of the documents was ordered to be returned to the applicants’ counsel after a xerox was retained.

Issues considered

  • Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash criminal proceedings is maintainable in the High Court.
  • Whether the Court can dismiss an application that the applicant chooses not to press and grant liberty to file a different proceeding.

Legislation cited

Subjects

  • Section 528
  • quash proceedings
  • criminal trial
  • application withdrawal
  • high court procedure
  • procedural liberty

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 33677 of 2026

                                    Saad And 2 Others
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                 :   Rupendra Kumar Mishra
                                    Counsel for Opposite Party(s)            :   G.A.

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

                                    Heard Sri Rupendra Kumar Mishra, learned counsel for the applicants, Shri
                                    Tej Bhan 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 by the applicants to quash the entire
                                    proceedings of Session Trial No. 2133 of 2026, arising out of case crime No.
                                    70 of 2025, under Sections 76, 115(2), 352, 351(2), B.N.S., Police Station-
                                    Kotwali, District Moradabad as well as cognizance/summoning order dated
                                    16.10.2025, pending in the court of Sessions Judge, Moradabad.

                                    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 documents to the learned counsel
                                    for the applicants, after retaining a xerox of the same.

                                    September 24, 2026
                                    T. Sinha
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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