Allahabad High Court
MOHITversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed because the applicant chose not to pursue it.
Summary
The applicant, Mohit, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire proceedings of Session Trial No. 445 of 2018, which involved offences under Sections 363, 366, 376 of the IPC and Sections 3 and 4 of the Protection of Children from Sexual Offences Act. The application also challenged an order dated 13 August 2026 that dismissed a request to disregard certain prosecution documents in a Special Judge (PCSO) case. The State’s Additional Government Advocate argued that the special case was still pending and that the relevance of the documents should be decided at the final judgment. After hearing arguments, the applicant’s counsel indicated that he no longer wished to pursue the application. Consequently, the High Court dismissed the application as not pressed and ordered the return of the certified documents to the applicant’s counsel.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be entertained when the applicant withdraws it.
- Whether the court should consider the genuineness and relevance of prosecution documents before the final judgment.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 363, 366, 376
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- Section 528
- quash proceedings
- Special Judge
- PCSO Act
- application dismissed
- not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37772 of 2026
Mohit
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Devi Prasad Tripathi, Manish Kumar
Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Devi Prasad Tripathi, learned counsel for the applicant and Shri Alok
Mishra, learned A.G.A. for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Session Trial No. 445 of 2018, arising out of case crime No. 275 of 2018,
under Sections 363, 366, 376, I.P.C. and Section 3/4 of Protection of
Children from Sexual Offences Act, Police Station- Majhola, District
Moradabad as well as order dated 13.8.2026, by which an application to not
rely on the documents produced by the prosecution, has been dismissed,
pending in the court of Special Judge (POCSO Act), Court No. 1,
Moradabad.
Learned A.G.A. pointed out that present Special Case is pending for
argument and it is further submitted that the genuineness and relevancy of
the document is to be decided at the time of final judgment.
After some arguments, learned counsel for the applicant does not want to
press this application and the same may be dismissed as not pressed.
The instant application is dismissed as not pressed accordingly.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, 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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