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Allahabad High Court

PAWAN KUMAR AND ANOTHERversusSTATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME GOV. OF U.P. AT LUCKNOW AND 2 OTHERS

Decided

Holding

The application under Section 528 is dismissed as not pressed.

Summary

The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Special Case No. 684 of 2005) relating to offences under Sections 363, 366, 376 of the IPC and Section 3(1)(xii) of the SC/ST (Prevention of Atrocities) Act. The trial was at an advanced stage with prosecution witnesses' statements already recorded and the investigating officer's statement being recorded. After hearing, the counsel for the applicants indicated that they no longer wished to pursue the application. Consequently, the court dismissed the application as not pressed and ordered the return of the certified copy of the documents to the applicants' counsel.

Issues considered

  • Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking quashment of the criminal proceedings can be entertained at this stage.
  • Whether the court should dismiss the application on the ground that it was not pressed by the applicants.

Legislation cited

Subjects

  • quashment
  • Section 528
  • criminal proceedings
  • SC/ST Act
  • application dismissed
  • not pressed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 35802 of 2026

                                    Pawan Kumar And Another
                                                                                                  .....Applicant(s)
                                                                       Versus

                                    State Of U.P. Through Principal Secretary Home
                                    Gov. Of U.P. At Lucknow And 2 Others                               .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                       :     Dwijendra Prasad
                                    Counsel for Opposite Party(s)                  :

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

                                    Shri Dwijendra Prasad, learned counsel for the applicants and Shri Tej Bhan
                                    Singh, 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 Special Case No. 684 of 2005, arising out of case crime No.
                                    138 of 2005, under Sections 363, 366, 376, I.P.C. and Section 3(1)(xii)
                                    of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act,
                                    Police    Station-   Bannadevi,    District   Aligarh     as     well   as
                                    cognizance/summoning order dated 13.5.2005, pending in the court of
                                    Special Judge (SC/ST Act) Aligarh.

                                    Learned A.G.A. pointed out that statements of prosecution witnesses have
                                    been recorded before the trial court and at present statement of Investigating
                                    Officer is recording before the trial court. The trial is at advance stage.

                                    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.

                                    September 8, 2026
                                    T. Sinha
                                                                                       (Sanjay Kumar Pachori,J.)




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

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