Allahabad High Court
ASHOK PRADHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed.
Summary
The applicant filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash an order dated 20‑08‑2026 passed in Session Trial No. 442 of 2015 concerning offences under Sections 302 and 120‑B IPC. The case had been listed for defence evidence on multiple occasions, but no defence evidence was produced and the last opportunity to do so had already been granted. The applicant’s counsel also argued that there was no stay on the proceedings despite a coordinate bench order in Criminal Revision No. 4329 of 2018. After hearing the parties, the applicant’s counsel indicated that he did not wish to press the application. Consequently, the court dismissed the application as not pressed.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 can be entertained when the applicant does not press it
- Whether a stay exists on the Session Trial proceedings in view of the coordinate bench order in Criminal Revision No. 4329 of 2018
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 120-B, 302
Subjects
- Section 528
- quash order
- criminal procedure
- application dismissed
- not pressed
- defence evidence
- stay of proceedings
- revision
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39572 of 2026
Ashok Pradhan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rama Shankar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Rama Shankar Mishra, learned counsel for the applicant and
Shri Puspraj Singh, learned brief holder for the State are present.
The present application under Section 528 of Bhartiya Nagrik
Suraksha Sanhita, 2023 has been filed by the applicant to quash
the order dated 20.8.2026 passed in Session Trial No. 442 of
2015, arising out of case crime No. 814 of 2014, under Sections
302, 120-B, I.P.C., Police Station- Kotwali Nagar, District
Bulandshahr, whereby Adjournment Application has been
dismissed, pending in the court of Additional Sessions Judge,
court No. 2, Bulandshahr.
Learned A.G.A. pointed out that the case is listed for defence
evidence from several dates since 5.5.2026 and more than 8 dates
have been fixed in this regard, but no defence evidence has been
produced by the present applicant as well as last opportunity to
produce defence evidence has been granted and the case is listed
for argument since 25.8.2026. It is further submitted that there is
no stay with regard to proceeding of the aforesaid Session Trial
passed by a Coordinate Bench of this Court in Criminal Revision
No. 4329 of 2018.
After some arguments, learned counsel for the applicant does not
want to press this application and the same may be dismissed as
not pressed.
The instant application is dismissed as not pressed accordingly.
NA528 No. 39572 of 2026
2
Office shall return the certified copy of the order to the learned
counsel for the applicant, after retaining a xerox of the same.
September 17, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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