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Allahabad High Court

MUKUL DUBEYversusSTATE OF U.P.AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as it was not pressed by the applicant.

Summary

Mukul Dubey filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Session Trial No. 481 of 2020, which involved charges under IPC Section 376-D and Sections 3/4 of the POCSO Act. The application was presented before the High Court of Judicature at Allahabad, with Juned Alam appearing for the applicant and G.A. for the State of U.P. After hearing, the applicant’s counsel indicated that he no longer wished to pursue the application. Consequently, the Court dismissed the application on the ground that it was not pressed, while allowing the applicant to file a regular bail application before the appropriate court. The dismissal left the original criminal proceedings untouched.

Issues considered

  • What is the appropriate procedure for seeking quash of criminal proceedings under Section 528 of the Bharatiya Nagarik Suraksha Sanhita?
  • Whether the High Court can entertain and dispose of the application when the applicant does not press it.

Legislation cited

Subjects

  • quash petition
  • Section 528
  • Bharatiya Nagarik Suraksha Sanhita
  • POCSO Act
  • IPC 376-D
  • bail
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 39027 of 2026

                                    Mukul Dubey
                                                                                              .....Applicant(s)
                                                                     Versus
                                    State Of U.P.And 3 Others
                                                                                                  .....Opposite
                                                                                                        Party(s)

                                    Counsel for Applicant(s)                          :    Juned Alam
                                    Counsel for Opposite Party(s)                     :    G.A.

                                    Court No. - 77
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Ram Shankar Yadav, Advocate, holding brief of Shri Juned
                                    Alam, learned counsel for the applicant and Shri Rahul Pandey, learned
                                    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. 481 of 2020, arising out of Case Crime No. 149 of 2019, under
                                    Sections 376-D IPC & Section 3/4 of POCSO Act, Police Station- Barhaj,
                                    District- Deoria, as well as cognizance/ summoning order dated 19.11.2020,
                                    pending in the Court of Special Judge, POCSO Act, Court No.1, Deoria.

                                    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 with
                                    liberty to file a regular bail application before the court of competent
                                    jurisdiction.

                                    September 23, 2026
                                    KJ
                                                                                  (Sanjay Kumar Pachori,J.)




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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