Allahabad High Court
MUKESHversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed.
Summary
Mukesh filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the proceedings of Special Case No. 794 of 2026, which arose from a POCSO matter involving Sections 5M/6 of the POCSO Act and Section 65(2) of the BNSS. During the hearing, counsel for the applicant indicated that he no longer wished to pursue the application and requested liberty to file a suitable application before a competent court later. The court noted the applicant's request and, having no further submission, dismissed the application as not pressed, while allowing the applicant to file a fresh application if desired. The order was signed by the presiding judge and a certified copy was to be returned to counsel.
Issues considered
- Whether an application under Section 528 of the BNSS seeking to quash criminal proceedings can be entertained when the applicant withdraws it.
- Whether the court can dismiss the application on the ground that it is not pressed.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528, 65(2)
- Protection of Children from Sexual Offences Act — s. 5M, 6
Subjects
- Section 528
- quash proceedings
- POCSO
- withdrawal of application
- High Court
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37433 of 2026
Mukesh
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Alok Kumar Dwivedi, Arti Agarwal,
Indra Deo Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Indra Deo Mishra, learned counsel for the applicant and Sri Karunakar
Singh, learned A.G.A. 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 Special
Case No. 794 of 2026, arising out of Case Crime No. 55 of 2026, under
Sections 65(2) of B.N.S. and Section 5M/6 of POCSO Act, Police Station-
Kirawali, District- Agra, as well as cognizance/ summoning order dated
20.05.2026 pending in the Court of Special Judge (POCSO Act)/Additional
Sessions Judge, Court No. 27, Agra.
After some arguments, learned counsel for the applicant does not want to
press this application and wants liberty to file an appropriate application/
proceedings before the court of competent jurisdiction.
Certified copy of the order may be returned to the learned counsel for the
applicant after retaining a xerox thereof.
In view of the above, the application is dismissed as not pressed with the
aforesaid liberty.
September 9, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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