Allahabad High Court
SHAKIR @ MOHD SHAKIRversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNS is dismissed as it was not pressed by the applicant.
Summary
The applicant, Shakir @ Mohd Shakir, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Session Trial No.2327 of 2025, which arose from Crime No.95 of 2025 under Sections 64, 351(3) and 123 of the BNS. The application was filed in the High Court of Judicature at Allahabad. During the hearing, the learned Additional Government Advocate highlighted that statements of two witnesses, including the victim, had already been recorded and the trial was at an advanced stage. After arguments, the applicant’s counsel indicated that they no longer wished to pursue the application. Consequently, the Court dismissed the application on the ground that it was not pressed.
Issues considered
- Whether an application under Section 528 BNS seeking to quash criminal proceedings can be entertained when the applicant withdraws the request.
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 123, 351(3), 528, 64
Subjects
- quash of criminal proceedings
- Section 528
- withdrawal of application
- criminal trial
- Bharatiya Nagarik Suraksha Sanhita
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39768 of 2026
Shakir @ Mohd Shakir
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Farha Naz, Whaquar Ahmad
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Farha Naz, learned counsel for the applicant and Sri Pushpraj, brief
holder for the State are present.
The present application under Section 528 of the Bharatiya Nagarik
Suraksha Sanhita has been filed to quash the entire proceedings of
Session Trial No.2327 of 2025, arising out of Case Crime No.95 of 2025,
under Sections 64, 351(3) and 123 of BNS, Police Station- Afzalgarh,
District Bijnor, as well as cognizance/ summoning order dated 25.06.2025
pending in the Court of Additional District Judge/FTC-I, District Bijnor.
Learned A.G.A. pointed out that the statement of two witnesses including
the victim, and the trial is on advance 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.
(Sanjay Kumar Pachori,J.)
September 18, 2026
VS
Digitally signed by :-
VIDYA SAGAR BARATAM
High Court of Judicature at Allahabad
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