Allahabad High Court
ANJUM AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as it was not pressed by the applicants.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Criminal Case No. 37767 of 2026) arising from alleged offences under Sections 64(2)(f), 61(2) and 351(3) of the same Act. The application was presented before the High Court of Judicature at Allahabad, with counsel Rakesh Kumar Verma for the applicants and G.A. (and A.G.A. Alok Mishra) for the State. During the hearing, the applicants indicated that they no longer wished to pursue the Section 528 application and instead wanted the liberty to file a more appropriate application, such as a bail petition, before a competent court. The Court noted the applicants' request and dismissed the Section 528 application on the ground that it was not pressed. The Court granted the applicants liberty to file any suitable application before the appropriate jurisdiction and ordered the return of the certified copy of the documents to the applicants' counsel.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking quash of the criminal proceedings is maintainable in the High Court.
- Whether the Court can dismiss the application on the ground that it is not pressed by the applicants.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 351(3), 528, 61(2), 64(2)(f)
Subjects
- Section 528
- quash of criminal proceedings
- Bhartiya Nagrik Suraksha Sanhita
- procedural dismissal
- bail application
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37744 of 2026
Anjum And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rakesh Kumar Verma
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Sri Rakesh Kumar Verma, learned counsel for the applicants, Shri
Alok Mishra, 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 applicants to quash the entire
proceedings of Criminal Case No. 37767 of 2026, arising out of case crime
No. 46 of 2026, under Sections 64(2)(f), 61(2), B.N.S. against applicant No.
1 and under Sections 64(2)(f), 61(2), 351(3), B.N.S. against applicant No. 2,
Police Station- Mainather, District Moradabad as well as
cognizance/summoning order dated 1.7.2026, pending in the court of
Additional Civil Judge (J.D.)/Judicial Magistrate, Court No. 2, Moradabad.
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/bail application/proceedings before the court of
competent jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicants, after retaining a xerox of the same.
September 9, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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