Allahabad High Court
PIYUSH TRIVEDIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent court.
Summary
The applicant, Piyush Trivedi, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Criminal Case No. 6421 of 2020) pending before the Chief Judicial Magistrate, Etawah, which involved offences under IPC Sections 153A and 505(2), IT Act Section 67 and Disaster Management Act Section 56. The applicant’s counsel, after initial arguments, indicated that he no longer wished to pursue the present application and instead desired liberty to file a more appropriate application before a competent court. The learned judge noted that the application was not being pressed and therefore could not be entertained. Consequently, the court dismissed the application as not pressed, while granting the applicant liberty to file any suitable application or proceedings in the appropriate jurisdiction. The certified copy of the documents was ordered 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 can be dismissed for not being pressed by the applicant.
- Whether the court may grant liberty to the applicant to file a suitable application before a competent jurisdiction.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Disaster Management Act — s. 56
- Indian Penal Code — s. 153A, 505(2)
- Information Technology Act — s. 67
Subjects
- Criminal Procedure
- Section 528
- Quash of Criminal Proceedings
- Application Dismissed
- Liberty to File
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 36241 of 2025
Piyush Trivedi
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sukesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Sukesh Kumar, learned counsel for the applicant, Shri Manoj Kumar
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. 6421 of 2020, arising out of case crime No. 204 of
2020, under Sections 153A, 505(2), I.P.C., Section 67 of Information
Technology Act and Section 56 of Disaster Management Act, Police Station-
Civil Lines, District Etawah as well as cognizance/summoning order dated
7.11.2020, pending in the court of Chief Judicial Magistrate, Etawah.
After some arguments, learned counsel for the applicants 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.
May 7, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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