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Allahabad High Court

VIJAY KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application is dismissed as not pressed, with liberty to file a fresh application before the trial court.

Summary

Vijay Kumar filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Special Case No. 49 of 2026, which arose from a POCSO matter involving alleged offences under Sections 137(2), 87, 64(1), 61(2)(a), 351(3) of the BNS and Sections 3 and 4 of the POCSO Act. The application was presented before the High Court of Judicature at Allahabad, Kanpur Nagar bench, with Piyush Patel appearing for the applicant and G.A. for the State. During the hearing, counsel for the applicant indicated that he no longer wished to pursue the application. The Court noted that the application was not pressed and therefore could not be entertained. Consequently, the Court dismissed the application, granting the applicant liberty to file an appropriate application before the trial court if desired. No substantive merits of the quash petition were examined.

Issues considered

  • Whether the application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the POCSO proceedings can be entertained when the applicant withdraws it.

Legislation cited

Subjects

  • quash petition
  • Section 528
  • Bharatiya Nagarik Suraksha Sanhita
  • POCSO Act
  • application dismissed
  • withdrawal of proceedings

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 40790 of 2026

                                    Vijay Kumar
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                          :    Piyush Patel
                                    Counsel for Opposite Party(s)                     :    G.A.

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

                                    Heard Shri Piyush Patel, learned counsel for the applicant and Shri Rahul
                                    Pandey, learned Brief Holder 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. 49 of 2026, arising out of Case Crime No. 218 of 2025, under
                                    Sections 137(2), 87, 64(1), 61(2)(a), 351(3) of BNS & Section 3/4 of
                                    POCSO Act, Police Station- Hanumant Vihar, District- Kanpur Nagar, as
                                    well as cognizance/ summoning order dated 9.1.2026, pending in the Court
                                    of Special Judge, POCSO Act/Additional Sessions Judge, Court No.22,
                                    Kanpur Nagar.

                                    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.



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




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

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