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Allahabad High Court

DEVENDRA YADAVversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent court.

Summary

The applicant, Devendra Yadav, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire proceedings of Criminal Case No. 338 of 2021, which involved offences under Sections 279, 337, 338 and 304‑A of the IPC. After hearing arguments, the applicant’s counsel indicated that he no longer wished to pursue the present application and instead wanted the freedom to file a suitable application before a competent court. The High Court held that the application was not pressed and therefore dismissed it, while granting the applicant liberty to file an appropriate application in the future. The court ordered the certified copy of the documents to be returned to the applicant’s counsel after retaining a xerox. The dismissal effectively leaves the original criminal proceedings pending before the Additional Chief Judicial Magistrate, Azamgarh.

Issues considered

  • Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash criminal proceedings can be entertained when the applicant withdraws it.
  • Whether the court can dismiss an unpressed application and grant liberty to file a fresh application before a competent jurisdiction.

Legislation cited

Subjects

  • Criminal Procedure
  • Quash of Proceedings
  • Section 528
  • Application Withdrawal
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 35378 of 2026

                                    Devendra Yadav
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                 :   Subhash Chandra Yadav
                                    Counsel for Opposite Party(s)            :   G.A.

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

                                    Heard Sri Subhash Chandra Yadav, learned counsel for the applicant, Shri
                                    Chhavi Pal 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 applicant to quash the entire proceedings
                                    of Criminal Case No. 338 of 2021, arising out of case crime No. 40 of 2019,
                                    under Sections 279, 337, 338, 304-A, I.P.C., Police Station- Kandharapur,
                                    District Azamgarh as well as cognizance/summoning order dated 10.2.2021,
                                    pending in the court of Additional Chief Judicial Magistrate, Court No. 10,
                                    Azamgarh.

                                    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/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.

                                    September 18, 2026
                                    T. Sinha
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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