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Allahabad High Court

SONU ALIAS AJAY AND 2 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as not pressed.

Summary

The applicants, Sonu alias Ajay and two others, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the pending Special Case No. 827 of 2025, which arose from crime No. 967 of 2019 involving offences under the IPC (sections 363, 366, 376(2)(n)) and the POCSO Act (sections 6 and 17). The case was at an advanced stage with statements of three fact‑witnesses, including the victim, already recorded. During the hearing, the applicant’s counsel, Bhaskar Bhadra, indicated that the applicants no longer wished to pursue the application. Consequently, the Court dismissed the application as “not pressed.” 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 seeking to quash criminal proceedings can be entertained at an advanced stage of trial.
  • Whether the application is deemed ‘pressed’ when the applicant’s counsel withdraws it during the hearing.

Legislation cited

Subjects

  • Section 528
  • quash proceedings
  • POCSO Act
  • criminal trial
  • application not pressed
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 35861 of 2026

                                    Sonu Alias Ajay And 2 Others
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                        :    Bhaskar Bhadra
                                    Counsel for Opposite Party(s)                   :    G.A.

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

                                    Shri Bhaskar Bhadra, learned counsel for the applicants and Shri A.K. Rai,
                                    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. 827 of 2025, arising out of case crime No.
                                    967 of 2019, under Sections 363, 366, 376(2)(n), I.P.C. and Section 6/17
                                    of Protection of Children from Sexual Offences Act, Police Station- Bahedi,
                                    District Bareilly as well as cognizance/summoning order dated 28.5.2020,
                                    pending in the court of Special Judge (POCSO Act)/Additional Sessions
                                    Judge, Bareilly.

                                    Learned A.G.A. pointed out that statements of three fact witnesses including
                                    the victim have been recorded before the trial court and 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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