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Allahabad High Court

ROHITversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as not pressed.

Summary

The applicant Rohit filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Special Case No. 981 of 2026, which arose from Crime No. 137 of 2025 and involved sections 87, 137(2), and 64(1) of the BNS as well as a pending POCSO case. The applicant was represented by counsel Sharad Kumar Srivastava, while the State of U.P. was represented by G.A. After hearing arguments, the applicant’s counsel indicated that he no longer wished to pursue the application. Consequently, the High Court dismissed the application on the ground that it was not pressed, while granting the applicant liberty to file an appropriate application before the trial court. The dismissal was recorded on September 23, 2026.

Issues considered

  • Whether an application under Section 528 of the BNS can be entertained when the applicant withdraws it.
  • Whether the court can dismiss the application as not pressed without further hearing.

Legislation cited

Subjects

  • quash proceedings
  • Section 528
  • procedural dismissal
  • criminal procedure
  • POCSO
  • withdrawal of application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 40465 of 2026

                                    Rohit
                                                                                                .....Applicant(s)
                                                                      Versus
                                    State Of U.P. And 3 Others
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                :   Sharad Kumar Srivastava
                                    Counsel for Opposite Party(s)           :   G.A.

                                    Court No. - 77
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Heard Shri Sharad Kumar Srivastava, learned counsel for the applicant and
                                    Shri A.K. Rai, learned A.G.A. for the State.

                                    The present application under Section 528 of the Bharatiya Nagarik
                                    Suraksha Sanhita has been filed to quash the entire proceedings of Special
                                    Case No. 981 of 2026, arising out of Case Crime No. 137 of 2025, under
                                    Sections 87, 137(2), 64(1) of BNS, Police Station- Aung, District- Fatehpur,
                                    as well as cognizance/ summoning order dated 23.7.2026, pending in the
                                    Court of Special Judge, POCSO Act, Fatehpur.

                                    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 with
                                    liberty to file appropriate application before the trial court.

                                    September 23, 2026
                                    KJ
                                                                                   (Sanjay Kumar Pachori,J.)




Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad


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