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Allahabad High Court

NIKHILversusSTATE OF U.P. AND 3 OTHERS

Decided

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

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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