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Allahabad High Court

RAJMANI @ BHOLA PANDEY AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 BNSS is dismissed as not pressed.

Summary

The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the order of the Additional Sessions Judge that dismissed their discharge application in a criminal case involving offences under Sections 323 and 326 of the IPC. The order being challenged dated 1 July 2026 affirmed an earlier order of 10 February 2026. During the hearing, the applicant’s counsel indicated that the applicants no longer wished to pursue the application. The High Court therefore dismissed the Section 528 application on the ground that it was not pressed, while granting the applicants liberty to file any appropriate application before a competent court. Certified copies of the documents were ordered to be returned to counsel.

Issues considered

  • What is the appropriate procedure when an application under Section 528 BNSS is withdrawn or not pressed by the applicant?

Legislation cited

Subjects

  • criminal procedure
  • Section 528
  • discharge application
  • withdrawal of application
  • quash order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 34712 of 2026

                                    Rajmani @ Bhola Pandey And 3 Others
                                                                                                .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                      :     Vinod Kr Pandey
                                    Counsel for Opposite Party(s)                 :     G.A.

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

                                    Heard Shri ... learned counsel for the applicants and learned A.G.A. for the
                                    State.

                                    The present application under Section 528 of the Bharatiya Nagarik
                                    Suraksha Sanhita has been filed to quash the order dated 1.7.2026, passed by
                                    Additional Sessions Judge, Court No.2, Bhadohi at Gyanpur in Criminal
                                    Revision No.50 of 2026, whereby revisional court affirmed the order dated
                                    10.2.2026, passed by learned ACJM, Bhadohi at Gyanpur in Criminal Case
                                    No. 1172 of 2019, arising out of Case Crime No. 165 of 2018, Police Station
                                    Suriyawan, District Bhadohi, whereby discharge application to discharge the
                                    present applicant for offence punishable under Sections 323, 326 IPC has
                                    been dismissed.

                                    After some arguments, learned counsel for the applicant does not want to
                                    press the present application.

                                    In view of above, the present application u/s 528 of BNSS of 2023 is
                                    dismissed as not pressed with liberty to file appropriate
                                    application/proceedings before the court of competent jurisdiction.

                                    Certified copies of the relevant documents be returned to learned counsel
                                    for the applicants after retaining a photocopy of the same.



                                                                                      (Sanjay Kumar Pachori,J.)
                                    September 9, 2026
                                    KJ




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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