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Allahabad High Court

GYANENDRA @ CHHOTAIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as not pressed, and the proceedings continue.

Summary

The applicant, Gyanendra @ Chhotai, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the entire proceedings of Special Case No. 152 of 2022, which involved offences under Sections 363, 366, 376 of the IPC and Sections 5 and 6 of the Protection of Children from Sexual Offences (POCSO) Act. The case was at an advanced stage, with the victim's statement already recorded before the trial court. The learned Additional Government Advocate highlighted the advanced stage of the trial. During the hearing, the applicant's counsel indicated that he no longer wished to pursue the application. Consequently, the court dismissed the application as not pressed. The court ordered the return of the certified copy of the documents to the applicant's counsel after retaining a xerox copy.

Issues considered

  • Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash pending criminal proceedings is maintainable at an advanced stage of trial.

Legislation cited

Subjects

  • Section 528
  • BNSS
  • quash proceedings
  • POCSO Act
  • application dismissed
  • criminal trial

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 37778 of 2026

                                    Gyanendra @ Chhotai
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                    :   Arunesh Kumar Singh
                                    Counsel for Opposite Party(s)               :   G.A.

                                    Court No. - 77
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Shri Arvind Kumar Mishra, Advocate has filed Vakalatnama on behalf of
                                    the opposite party no. 2, which is taken on record.

                                    Shri Arunesh Kumar Singh, learned counsel for the applicant, Shri Puspraj
                                    Singh, learned brief holder for the State and Shri Arvind Kumar Mishra,
                                    learned counsel for the opposite party No. 2 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 Special Case No. 152 of 2022, arising out of case crime No. 348 of 2021,
                                    under Sections 363, 366, 376, I.P.C. and Section 5/6 of Protection of
                                    Children from Sexual Offences Act, Police Station- Kaptanganj, District
                                    Kushinagar as well as charge sheet dated 26.2.2022, pending in the court of
                                    Special Judge (POCSO Act), Kushinagar at Padrauna.

                                    Learned A.G.A. pointed out that statement of the victim has been recorded
                                    before the trial court and the trial is at advance stage.

                                    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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