Allahabad High Court
ANIKET PANDEY CARPORALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNSS is dismissed as it was not pressed by the applicant.
Summary
Aniket Pandey Carporal filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire criminal proceedings (Session Trial No. 1511 of 2023) arising from charges under IPC sections 376(2)(n), 377, 504 and 506. The application was heard before Justice Sanjay Kumar Pachori, with counsel for the applicant and the State present. The learned Additional Government Advocate noted that prosecution witnesses, including the victim, had already given statements and the trial was at an advanced stage. After hearing arguments, the applicant’s counsel indicated that they did not wish to pursue the application. Consequently, the court dismissed the application on the ground that it was not pressed.
Issues considered
- Whether an application under Section 528 BNSS seeking to quash criminal proceedings can be entertained when the applicant withdraws or does not press the application.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 376(2)(n), 377, 504, 506
Subjects
- quash proceedings
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- criminal trial
- withdrawal of application
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 35996 of 2025
Aniket Pandey Carporal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Singh, Diksha Duggal
Counsel for Opposite Party(s) : Arvind Kumar, G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Even in the revised call none appeared for private opposite party no.2.
Sri Deepak Singh, learned counsel for the applicant and Ms. Saumya
Madhyan, brief holder for the State are present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of
Session Trial No. 1511 of 2023, arising out of Case Crime No. 2 of 2023,
under Sections 376(2)(n), 377, 504 and 506 of I.P.C., Police Station -
Chakeri, District- Kanpur Nagar, as well as order dated 20.10.2023
whereby charge has been framed against the applicant pending in the
Court of Additional Session Judge, Court No. 3, Kanpur Nagar.
Learned A.G.A. pointed out that statement of three prosecution witnesses
including the victim have been recorded before the trial Court and the trial
is an advance stage.
After some arguments, learned counsel for the applicant does not want to
press the present application.
In view of above, the present application is dismissed as not pressed.
(Sanjay Kumar Pachori,J.)
September 18, 2026
VS
Digitally signed by :-
VIDYA SAGAR BARATAM
High Court of Judicature at Allahabad
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