Allahabad High Court
ASHUTOSH KUMAR PATHAK ALIAS ASHUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court held that an application under Section 528 cannot be entertained if the applicant does not press it, leading to its dismissal.
Summary
The applicant, Ashutosh Kumar Pathak, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Special Case No. 433 of 2025, which involved charges under Sections 50, 354(gha) IPC, Sections 11/12 of the POCSO Act, and Section 67(b) of the Income Tax Act. During the hearing, the applicant's counsel expressed a desire not to pursue the present application and instead sought liberty to file a more appropriate petition before a competent court. The court noted the applicant's request and considered whether the application could be entertained without the applicant's active pursuit. Since the applicant chose not to press the application, the court decided there was no basis to proceed. Consequently, the application was dismissed as not pressed, with liberty granted to file a suitable application later.
Issues considered
- Can an application under Section 528 of the BNSS be entertained when the applicant does not wish to press it?
- Should the court grant liberty to the applicant to file a different appropriate application before a competent jurisdiction?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Income Tax Act — s. 67(b)
- Indian Penal Code — s. 354(gha), 50
- Protection of Children from Sexual Offences (POCSO) Act — s. 11, 12
Subjects
- Section 528
- BNSS
- quash proceedings
- procedural dismissal
- criminal charges
- POCSO Act
- application not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 33727 of 2025
Ashutosh Kumar Pathak Alias Ashu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Diwan Saifullah Khan
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Diwan Saifullah Khan, 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 entire proceedings of Special
Case No. 433 of 2025, arising out of Case Crime No. 08 of 2023, under
Sections 50, 354(gha) of I.P.C., Section 11/12 POCSO Act, and Section
67(b) of I.T. Act, Police Station- Cyber Crime, District- Varanasi, as well as
cognizance/ summoning order dated 21.05.2025 pending in the Court of
Special Judge POCSO Act, Varanasi.
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.
April 2, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
Checking your session…