Allahabad High Court
VINOD KUMAR AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed.
Summary
The applicants, Vinod Kumar and two others, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire proceedings of Misc. Case No. 493 of 2026 and an order dated 8 June 2026 that directed an investigation under Section 175(3) of the same Act. The applicants admitted they were proposed accused persons. During the hearing, the counsel for the applicants indicated that they no longer wished to pursue the application. Consequently, the court held that the application could be dismissed as not pressed. The certified copy of the documents was to be returned to the applicants' counsel after retaining a xerox. The judgment was delivered on 1 October 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether the application under Section 528 BNSS seeking quash of the criminal proceedings is maintainable
- Whether the court should entertain the application when the applicants' counsel chooses not to press it
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 175(3), 528
Subjects
- Section 528
- quash of proceedings
- not pressed
- criminal procedure
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35097 of 2026
Vinod Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Girijesh Kumar Gupta, Shiv Shankar Pd
Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Girijesh Kumar Gupta, learned counsel for the applicants, Shri
Abhishek Kumar, learned A.G.A. for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicants to quash the entire
proceedings of Misc. Case No. 493 of 2026 as well as order dated 8.6.2026
on the basis of an application under Section 175(3) BNSS, whereby a
direction was issued to investigate the matter by Additional Civil Judge
(S.D.) Court No. 1/ Addtional Chief Judicial Magistrate, Hapur.
Learned counsel for the applicants fairly admits that the present applicants
are proposed accused persons.
After some arguments, learned counsel for the applicants does not want to
press this application and the same may be dismissed as not pressed.
The instant application is dismissed as not pressed accordingly.
Office shall return the certified copy of the documents to the learned counsel
for the applicants, after retaining a xerox of the same.
October 1, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
Checking your session…