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Allahabad High Court

LAKHVINDER SINGHversusSTATE OF U.P. AND ANOTHER

Decided

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

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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