Allahabad High Court
RAJU KEWAT @ RAJ KUMARversusSTATE 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
The applicant filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Special Case No. 1133 of 2025, which involved offences under the BNS and the POCSO Act. The case was at an advanced stage, and the first informant's statement had been re‑recorded before the trial court. The learned Additional Government Advocate highlighted the re‑recorded statement and the advanced stage of trial. After hearing arguments, the applicant’s counsel indicated that they no longer wished to pursue the application. Consequently, the High Court dismissed the application on the ground that it was not pressed.
Issues considered
- Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita for quashment of criminal proceedings can be entertained at an advanced stage of trial
- Whether the re‑recording of the informant's statement affects the viability of the quashment application
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 137(2), 528, 64(2)M, 65(2)
- Protection of Children from Sexual Offences Act — s. 5L/6, 5M/6
Subjects
- quashment
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- POCSO Act
- application dismissed
- not pressed
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39379 of 2026
Raju Kewat @ Raj Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Kumar Yadav, Shiv Naresh Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Heard Shri Ram Kumar Yadav, 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 Special
Case No. 1133 of 2025, arising out of Case Crime No. 117 of 2025, under
Sections 137(2), 64(2)M, 65(2) of BNS & Section 5L/6, 5M/6 of POCSO
Act, Police Station- Jugail, District- Sonbhadra, as well as cognizance/
summoning order dated 23.12.2025, pending in the Court of Special Judge,
POCSO Act, Sonbhadra.
Learned AGA pointed out that the statement of first informant has been
rerecorded before the trial court and the trial is on advanced stage.
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.
September 23, 2026
KJ
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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