Allahabad High Court
KULDEEP SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 528 BNSS is dismissed as not pressed.
Summary
Kuldeep Singh filed an application under Section 528 of the BNSS seeking to quash a summoning order dated 23 June 2026 and to stay the criminal proceedings in Complaint Case No. 10 of 2026 (Rekha Devi v. Kuldeep Singh) pending before the Special Judge, Pilibhit. The applicant argued that the injury reports of the alleged victims were illegible, rendering the application not pressed and indicating his intention to file a more suitable petition later. The State opposed the application, and the court examined the record. The court held that the application was indeed not pressed due to the illegibility of the injury reports. Consequently, the prayer for quashing the summons and staying the proceedings was denied, and the application was dismissed. The certified copy, if any, was ordered to be returned as per the rules.
Issues considered
- Whether the application under Section 528 BNSS is pressed in view of illegible injury reports
- Whether the court can quash the summoning order and stay the criminal proceedings pending in the S.C./S.T. Act case
Legislation cited
- BNSS — s. 528
- S.C./S.T. Act — s. 115(2), 117(2), 3(1)Da, 3(1)Dha, 3(2)(5A), 351(2), 352
Subjects
- Section 528
- application dismissed
- injury report illegibility
- quash summons
- S.C./S.T. Act
- criminal proceeding stay
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38753 of 2026
Kuldeep Singh
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anurag Dubey, Saurabh Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Anurag Dubey, learned counsel for the applicant, Sri
Birendra Pratap Singh, learned counsel for the State and perused the
record.
3. The present application under Sections 528 BNSS has been filed by the
applicant Kuldeep Singh with the prayer to allow the present application
and quash the summoning order dated 23.06.2026 passed by learned
Special Judge S.C./S.T. Act / Additional Session Judge, Court No.2,
Pilibhit as well as entire criminal proceeding of Complaint Case No. 10 of
2026 (Rekha Devi Vs. Kuldeep Singh and others) under Sections 117(2),
115(2), 352, 351(2) BNS and section 3(1)Da, 3(1)Dha, 3(2)(5A) S.C./S.T.
Act, P.S.- Neoria, District Pilibhit, pending in the said court and with a
further prayer to stay the further proceedings of the said case.
4. Learned counsel for the applicant submits that the injury reports of the
injured are illegible and thus the present application U/s 528 BNSS be
dismissed as not pressed as he intends to file a better petition.
5. Prayer is allowed.
6. The present application is dismissed as not pressed.
7. Certified copy, if any, be returned as per rules.
(Samit Gopal,J.)
September 14, 2026
M. ARIF
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
Checking your session…