Allahabad High Court
MUKUL DUBEYversusSTATE OF U.P.AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 376-D
- Protection of Children from Sexual Offences (POCSO) Act — s. 3, 4
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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