Allahabad High Court
VINOD PATEL @ TILLU AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Arms Act — s. 3/25
- Bharatiya Nagarik Suraksha Sanhita — s. 103(1), 528, 61(2)(A)
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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