Allahabad High Court
AMIT KUMAR AND 2 OTHERSversusSTATE 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 petitioners.
Summary
The petitioners Amit Kumar and two others filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) seeking to quash the entire proceedings of Session Trial No. 2029 of 2025, which arose from Crime No. 514 of 2024 under Sections 103(1), 238 and 140(1) of the BNSS. The trial court had already recorded statements of four fact witnesses, indicating that the trial was at an advanced stage. During the hearing, the petitioners' counsel indicated that they no longer wished to pursue the application. Consequently, the High Court dismissed the application on the ground that it was not pressed. No substantive merits of the quash petition were examined.
Issues considered
- What is the appropriate procedure for entertaining an application under Section 528 of the BNSS seeking to quash criminal proceedings?
- Can the High Court dismiss a Section 528 application on the ground that the applicant has not pressed the petition?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 140(1), 238, 528
Subjects
- Section 528
- quash petition
- criminal trial
- withdrawal of application
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38031 of 2025
Amit Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Gautam, Veer Singh
Counsel for Opposite Party(s) : G.A., Ramesh Kumar
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Learned counsel for the applicants is permitted to correct the prayer clause during the
course of the day.
Heard Shri Veer Singh, learned counsel for the applicants, Shri Ramesh Kumar,
learned counsel private opposite party no.2 and Ms. Saumya Madhyan, brief holder
for the State.
The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita
has been filed to quash the entire proceedings of Session Trial No. 2029 of 2025,
arising out of Case Crime No. 514 of 2024, under Sections 103(1), 238, 140(1) of
B.N.S., Police Station - Dhampur, District- Bijnor, pending in the Court of Additional
Session Judge/Special Judge (E.C. Act), Bijnor.
Learned A.G.A. pointed out that statement of four fact witnesses have
been recorded before the trial Court and the trial is an advance stage.
After some arguments, learned counsel for the applicant does not want to
press the present application.
In view of above, the present application is dismissed as not pressed.
(Sanjay Kumar Pachori,J.)
September 18, 2026
VS
Digitally signed by :-
VIDYA SAGAR BARATAM
High Court of Judicature at Allahabad
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