Allahabad High Court
VIKRANT PRASAD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as not pressed, with liberty granted to file an appropriate application before the competent jurisdiction.
Summary
The applicants, Vikrant Prasad and two others, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire criminal proceedings (Session Trial No. 781 of 2023) arising from a 2020 case involving multiple IPC offences and the POCSO Act. The application was presented before the High Court of Judicature at Allahabad, with counsel Shweta Nishad for the applicants and G.A. for the State. The brief holder noted that the charge sheet against the applicants had not been challenged. After hearing, the applicants indicated they no longer wished to pursue this specific application and sought liberty to file a more appropriate petition later. The Court, noting that the application was not pressed, dismissed it while granting the applicants liberty to approach the competent court with a suitable application. The certified copy of the order was to be returned to counsel.
Issues considered
- Whether the application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings is maintainable in its present form
- Whether the Court can dismiss an application that is not pressed by the applicant
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Indian Penal Code — s. 120-B, 363, 366, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 3, 4
Subjects
- quash proceedings
- Section 528
- procedural dismissal
- criminal trial
- POCSO Act
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40544 of 2026
Vikrant Prasad And 2 Others
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shweta Nishad
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Ms. Shweta Nishad, learned counsel for the applicants and Ms. Soumya
Madhyan, 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. 781 of 2023, arising out of Case Crime No. 193 of 2020, under
Sections 363, 366, 376, 504, 506, 120-B of I.P.C. and Section 3/4 of POCSO
Act, Police Station- Kubersthan, District- Kushinagar, as well as
cognizance/ summoning order dated 15.06.2023 and order dated 29.01.2026
whereby charge has been framed against the applicant pending in the Court
of Additional Sessions Judge/ Special Judge (POCSO Act), Kushinagar at
Padrauna.
Learned brief holder pointed out that charge has been framed against the
applicants which has not been challenged 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
applicant 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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