Allahabad High Court
LAKHVINDER SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed, with liberty to file an appropriate application before a competent jurisdiction.
Summary
The applicant, Lakhvinder Singh, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the order dated 23‑08‑2024 that dismissed his discharge application in a rape case (Section 376‑C IPC) pending before the Additional Sessions Judge, Etawah. The trial court had already recorded statements of four prosecution witnesses and the trial was at an advanced stage. The learned A.G.A. highlighted the progress of the trial, and after hearing arguments, the applicant’s counsel indicated he did not wish to pursue the present application and instead wanted freedom to file a suitable application before a competent court. The High Court held that the application was not pressed and dismissed it, granting liberty to file an appropriate application later. The certified copy of the order was to be returned to the applicant’s counsel after a xerox was retained.
Issues considered
- Whether the application under Section 528 BNSS seeking to quash the order dismissing the discharge application is maintainable at this stage of the trial.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 376-C
Subjects
- Section 528
- Bhartiya Nagrik Suraksha Sanhita
- quash order
- discharge application
- procedural dismissal
- rape case
- IPC 376-C
- trial stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39766 of 2026
Lakhvinder Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Aditya Kumar Tripathi
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Shri Aditya Kumar Tripathi, learned counsel for the applicant and Shri
Chhavi Pal Singh, learned A.G.A. 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
23.8.2024 passed in Session Trial No. 497 of 2023, arising out of case crime
No. 497 of 2020, under Section 376-C, I.P.C., Police Station- Friends
Colony, District Etawah, whereby discharge application has been dismissed,
pending in the court of Additional Sessions Judge/F.T.C. No. 1, Etawah.
Learned A.G.A. pointed out that statements of four prosecution witnesses
have been recorded before the trial court and the trial is at advance stage.
After some arguments, learned counsel for the applicant does not want to
press this application and wants liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
The instant application is dismissed as not pressed with liberty to file
appropriate application/proceedings before the court of competent
jurisdiction.
Office shall return the certified copy of the order to the learned counsel for
the applicant, after retaining a xerox of the same.
September 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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