Allahabad High Court
JAIPALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent court.
Summary
The applicant, Jaipal, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the charge‑framing order dated 25 March 2019 passed by the Sessions Judge, Shamli, which had framed charges under Sections 272 and 273 of the Indian Penal Code and Sections 66 and 63 of the U.P. Excise Act. During the hearing, the applicant’s counsel indicated that the applicant no longer wished to pursue this specific application and instead wanted the freedom to file a more appropriate proceeding before a competent court. The High Court held that, since the application was not pressed, it could not be entertained, and consequently dismissed it, while granting the applicant liberty to file any suitable application in the future. The court ordered the certified copy of the order to be returned to the applicant’s counsel after retaining a xerox. The disposition was a dismissal of the application without prejudice.
Issues considered
- What is the appropriate course of action when an applicant withdraws or does not press a pending application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita?
- Whether the court may dismiss an unpressed application and grant liberty to file a suitable application before a competent jurisdiction.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 272, 273
- U.P. Excise Act — s. 63, 66
Subjects
- criminal procedure
- quash order
- Section 528
- application dismissed
- liberty to file
- charge framing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38542 of 2025
Jaipal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kumar Ankit Srivastava, Mukesh Kumar
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Kumar Ankit Srivastava, learned counsel for the applicant and Sri B.N.
Upadhyay, learned brief holder for the State are present.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed to quash the order dated 25.3.2019 passed by
Sessions Judge, Shamli, whereby charge has been framed under Sections
272, 273, I.P.C. and Sections 66, 63 of U.P. Excise Act in Session Trial No.
94 of 2019 as well as quashing the entire proceedings of the Session Trial
aforesaid, pending in the court of Sessions Judge, Shamli.
After some arguments, learned counsel for the applicant 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/proceedings before the court of competent
jurisdiction.
Office shall return the certified copy of the order to the learned counsel for
the applicant, after retaining a xerox of the same.
April 2, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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