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Allahabad High Court

RAM MILAN SHARMA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 BNSS was dismissed for want of prosecution due to the absence of representation.

Summary

The applicants, Ram Milan Sharma and Ankush Sharma, filed an application under Section 528 of the BNSS seeking to quash and stay the criminal proceedings in Case No. 930 of 2026, which arose from a charge sheet under various provisions of the SC/ST Act. Although three counsel were listed for the applicants, none appeared to press the application before the court. The learned judge observed the absence of representation and dismissed the application for want of prosecution. No interim order was recorded, and the pending applications, if any, were ordered to stand disposed. The order was communicated to the trial court for compliance.

Issues considered

  • What is the procedural requirement for an application under Section 528 BNSS to be considered when no counsel appears to press it?

Legislation cited

Subjects

  • Section 528
  • BNSS
  • quash petition
  • procedural default
  • criminal proceedings
  • application dismissed

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                  APPLICATION U/S 528 BNSS No. - 38746 of 2026

                                    Ram Milan Sharma And Another
                                                                                                   .....Applicant(s)
                                                                          Versus
                                    State of U.P. and Another
                                                                                              .....Opposite Party(s)

                                    Counsel for Applicant(s)          :   Krishna Kant Upadhyay,       Raghvendra
                                                                          Tripathi, Rohit Singh
                                    Counsel for Opposite Party(s)     :   G.A.

                                    Court No. - 76
                                                                HON'BLE SAMIT GOPAL, J.

                                    1. List revised.

                                    2. No one appears on behalf of the applicants to press this application
                                    under Section 528 BNSS despite the fact that there are three learned
                                    counsels appearing in the matter.

                                    3. Sri Ajay Singh, learned AGA-I for the State is present.

                                    4. The present application under Section 528 BNSS has been filed by the
                                    applicants Ram Milan Sharma and Ankush Sharma @ Dhanji
                                    Vishwakarma with the prayers to quash the entire proceedings of Case
                                    No. 930 of 2026 (State Vs. Ram Milan Sharma and others) arising out of
                                    charge sheet dated 24.01.2026, under Sections 115(2), 352, 351(3), 110
                                    BNS and 3(1)(da) of SC/ST Act, P.S. Madhuban, District Mau and
                                    cognizance / summoning order dated 09.07.2026 passed by Special Judge
                                    (SC/ST Act), Ballia in Case Crime No. 404 of 2025, pending in the said
                                    court and with a further prayer to stay the entire proceedings of the
                                    aforesaid case, during the pendency of the present application.

                                    5. Since there is no representation on behalf of the applicants to press this
                                    application U/s 528 BNSS even in the revised despite three learned
                                    counsels are appearing for the applicants, the same is dismissed for want
                                    of prosecution.

                                    6. The records do not show passing of any interim order in the matter.

                                    7. Pending application(s), if any, shall stand disposed of.

                                    8. Registrar (Compliance) to communicate this order to the concerned
                                    trial court forthwith.
                                    September 14, 2026
                                    M. ARIF
                                                                                                  (Samit Gopal,J.)




Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad


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