Allahabad High Court
BALLUversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The court held that the application under Section 528 B.N.S.S. was to be dismissed as withdrawn upon the applicant’s request.
Summary
Ballu filed an application under Section 528 of the B.N.S.S. seeking to quash a summoning order dated 29‑06‑2026 in a complaint case (Kamla Devi v. Ballu) and to stay the proceedings. The court noted that the petition was incomplete because the referenced medical examination reports were not annexed, and granted the applicant two weeks to file a supplementary affidavit. No interim order was issued, and the matter was listed for a later date. Subsequently, the applicant informed the court that he wished to withdraw the application to file a better petition. The court allowed the withdrawal and dismissed the application as withdrawn. The order was signed by Justice Samit Gopal.
Issues considered
- Whether the application under Section 528 B.N.S.S. can be entertained without the annexed medical examination reports.
- Whether the applicant may withdraw the application and have it dismissed as withdrawn.
- Whether any interim stay of the summoning order should be granted pending the application.
Legislation cited
Subjects
- Section 528
- withdrawal of application
- stay of proceedings
- summoning order
- SC/ST Act
- interim relief
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40504 of 2026
Ballu
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prateek Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Prateek Srivastava, learned counsel for the applicant and Sri
Ram Prakash Shukla, learned counsel for the State and perused the records.
3. This petition is cryptic since the summoning order states that there are
medical examination reports but the same have not been annexed with the
petition.
4. At this stage, learned counsel for the applicant prays for two weeks time
to file supplementary affidavit annexing the medical examination reports.
5. Prayer is allowed.
6. Let the matter be listed on 15.10.2026.
7. It is made clear that there is no interim order passed in the matter.
Later on
8. After this order was passed, learned counsel for the applicant submits that
the present application u/s 528 B.N.S.S. be dismissed as withdrawn as he
shall be filing a better petition.
9. The present application under Section 528 B.N.S.S. has been filed by the
applicant- Ballu, with the prayer to allow the present application and quash
the entire proceeding of summoning order dated 29.06.2026 in Complaint
Case No. Warrant & Summon Case No. 62 of 2024 (Kamla Devi Vs. Ballu
NA528 No. 40504 of 2026
2
and others), under Sections 115(2), 352 BNS and 3(2)(v-a) SC/ST Act,
Police Station Shahganj, District Sonbhadra, pending in the court of Special
Judge (SC/ST Act), Sonbhadra, with a further prayer that proceedings of the
aforesaid case be stayed during the pendency of the present application.
10. Prayer is allowed.
11. The present application u/s 528 B.N.S.S. is dismissed as withdrawn.
September 23, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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