Allahabad High Court
MENPAL SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent jurisdiction.
Summary
The applicant, Menpal Singh, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire criminal proceedings (Session Trial No. 278 of 2026) arising from multiple charges under various sections of the Indian Penal Code. The application was presented before the High Court of Judicature at Allahabad, with counsel Himanshi Nausran and Ulajhan Singh Bind representing the applicant and G.A. representing the State. During the hearing, the applicant’s counsel indicated that he did not wish to pursue the present application and instead desired liberty to file a more appropriate application before a competent court. The Court noted that the application was not pressed and therefore dismissed it, granting the applicant liberty to file a suitable application in the appropriate jurisdiction. The certified copy of the documents was to be returned to the applicant’s counsel after a xerox was retained by the Court.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings, is maintainable in the present form.
Legislation cited
Subjects
- quash of criminal proceedings
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- application dismissed
- procedural liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34698 of 2026
Menpal Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Himanshi Nausran, Ulajhan Singh Bind
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Ms. Himanshi Nausran, learned counsel for the applicant, Shri
Karunakar 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. 278 of 2026, arising out of case crime No.
122 of 2025, under Sections 191(2), 191(3), 190, 109(1), 117(2), 324(4),
351(3), 61(2), B.N.S., Police Station- Ganga Nagar, District Meerut as well
as order dated 3.6.2026, whereby charge has been framed, pending in the
court of Special Judge (E.C. Act)/Additional Sessions Judge, Meerut.
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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