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Allahabad High Court

SHAKIR @ MOHD SHAKIRversusSTATE OF U.P. AND ANOTHER

Decided

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

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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