Allahabad High Court
DEVENDRA YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 279, 304-A, 337, 338
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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