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Allahabad High Court

KULDEEP SINGHversusSTATE OF U.P. AND ANOTHER

Decided

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


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