Allahabad High Court
NIKHILversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNSS is dismissed as not pressed, with liberty to file an appropriate application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the entire proceedings of Special Case No. 249 of 2025, which involved offences under Sections 74, 351(3) of the BNSS and Sections 7 and 8 of the Protection of Children from Sexual Offences Act, pending before the Juvenile Justice Board, Gorakhpur. During the hearing, the applicant’s counsel expressed a desire to withdraw the application and instead seek appropriate relief, such as a bail application, before a competent court. The High Court held that since the application was not pressed, it could not be entertained. Consequently, the court dismissed the application, granting the applicant liberty to file a suitable application under Section 12 of the Juvenile Justice (Care and Protection of Children) Act. The certified copy of the documents was to be returned to the applicant’s counsel after a xerox was retained.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be entertained when the applicant withdraws it.
- Whether the court may dismiss the application as not pressed and grant liberty to file a fresh application under the Juvenile Justice (Care and Protection of Children) Act.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 351(3), 528, 74
- Juvenile Justice (Care and Protection of Children) Act — s. 12
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- Section 528
- quash proceedings
- juvenile justice
- bail application
- application dismissed
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34729 of 2025
Nikhil
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Mishra, Rajshekhar Pandey
Counsel for Opposite Party(s) : Abhay Kumar, Akash Kumar Verma,
G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Anil Kumar Mishra, learned counsel for the applicant, Shri A.K. Rai,
learned A.G.A. for the State, Shri Akash Kumar Verma, learned counsel for
opposite party No. 2 and perused the material on record.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Special Case No. 249 of 2025, arising out of case crime No. 309 of 2025,
under Sections 74, 351(3), B.N.S. and Section 7/8 of Protection of Children
from Sexual Offences Act, Police Station- Gulriha, District Gorakhpur as
well as cognizance/summoning order dated 18.7.2025, pending in the court
of Juvenile Justice Board, Gorakhpur.
After some arguments, learned counsel for the applicant 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/bail application under Section 12 of Juvenile Justice
(Care and Protection of Children) Act/proceedings before the court of
competent jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, after retaining a xerox of the same.
May 7, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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