Allahabad High Court
SAGAR MATHEWversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed.
Summary
The applicant, Sagar Mathew, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings (S.T. No. 564 of 2022) arising from a POCSO case involving offences under Sections 363, 366, 376 of the IPC and Sections 3 and 4 of the POCSO Act. The trial was at an advanced stage with statements of witnesses, including the victim, already recorded. The State’s Additional Government Advocate argued that the trial was proceeding and the application was unnecessary. After hearing, the applicant’s counsel indicated that he did not wish to pursue the application further. Consequently, the High Court dismissed the application on the ground that it was not pressed.
Issues considered
- Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita to quash pending criminal proceedings is maintainable in the present circumstances
- Whether the court can dismiss the application on the ground that it is not pressed by the applicant
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 363, 366, 376
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- quash proceedings
- POCSO
- criminal trial
- application dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37193 of 2026
Sagar Mathew
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Naveen Kumar Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Naveen Kumar Yadav, learned counsel for the applicant and
Chavi Pal Singh, learned A.G.A. for the State.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of S.T. No.
564 of 2022, arising out of Case Crime No. 226 of 202022, under Sections
363, 366, 376 of I.P.C. & 3/4 POCSO Act, Police Station- Chakeri, District-
Kanpur Nagar, as well as cognizance/ summoning order dated 20.04.2022,
pending in the Court of Special Judge (POCSO)/ Additional Session Judge
Kanpur Nagar, District Kanpur Nagar.
Learned AGA pointed out that statement of true facts witnesses including
the victim have been recorded and the trial is on advance stage.
After some arguments, learned counsel for the applicant does not want to
press this application.
In view of the above, the application is dismissed as not pressed.
September 8, 2026
v.k. updh.
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
VINOD KUMAR UPADHYAY
High Court of Judicature at Allahabad
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