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Allahabad High Court

VINOD PATEL @ TILLU AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as not pressed, with liberty to file an appropriate application before a competent court.

Summary

The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the Session Trial No. 76 of 2025, which involved offences under Sections 103(1) and 61(2)(A) of the BNSS and the Arms Act. The learned Additional Government Advocate highlighted that the first informant’s statement was recorded after the charge was framed and that the trial was already at an advanced stage, with the charge not yet challenged by the applicants. During the hearing, the applicants indicated they no longer wished to pursue the present application and instead sought liberty to file a suitable application later. The court, noting that the application was not pressed, dismissed it while granting the requested liberty. The order was signed by Justice Sanjay Kumar Pachori on 23 September 2026.

Issues considered

  • Whether an application under Section 528 BNSS for quashing pending criminal proceedings can be entertained at the stage described.
  • Whether the failure of the applicant to press the application warrants dismissal.

Legislation cited

Subjects

  • quash proceedings
  • Section 528
  • procedural dismissal
  • criminal trial
  • liberty to file
  • BNSS
  • Arms Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                              APPLICATION U/S 528 BNSS No. - 40541 of 2026

                                    Vinod Patel @ Tillu And Another
                                                                                                .....Applicant(s)
                                                                      Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Indrapal Vishwakarma, Ramesh Kumar
                                                                    Ojha
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Sri Mukesh Kumar Ojha, learned counsel for the applicants and Sri Ashwani
                                    Kumar Rai, learned A.G.A. 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. 76 of 2025, arising out of Case Crime No. 203 of 2024, under
                                    Sections 103(1), 61(2)(A) of B.N.S. and Section 3/25 Arms Act, Police
                                    Station- Rampur, District- Jaunpur, as well as cognizance/ summoning order
                                    dated 20.01.2025 pending in the Court of Additional Sessions Judge,
                                    Jaunpur.

                                    Learned A.G.A. pointed out that statement of the first informant has been
                                    recorded before the trial court after framing of the charge against the
                                    applicants and the trial is on advance stage and charge has not been
                                    challenged by the applicant till today. After some arguments, learned
                                    counsel for the applicants does not want to press this application and wants
                                    liberty to file an appropriate application/ proceedings before the court of
                                    competent jurisdiction.

                                    Certified copy of the order may be returned to the learned counsel for the
                                    applicants after retaining a xerox thereof.

                                    In view of the above, the application is dismissed as not pressed with the
                                    aforesaid liberty.

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



Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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