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Allahabad High Court

ADITYA RAJ AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as not pressed.

Summary

The applicants, Aditya Raj and four others, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Special Case No. 48 of 2022) arising from offences under the IPC and the POCSO Act. The application was presented before the Allahabad High Court, with counsel Kusum Mishra for the applicants and G.A. for the State. After hearing, the applicants indicated they no longer wished to pursue the application. Consequently, the Court dismissed the application as not pressed, while allowing the applicants the liberty to file a fresh application with better particulars. The certified copy of the documents was ordered to be returned to the applicants' counsel.

Issues considered

  • Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be entertained when the applicant does not wish to press it

Legislation cited

Subjects

  • Section 528
  • quash proceedings
  • criminal case dismissal
  • POCSO Act
  • application not pressed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 40891 of 2026

                                    Aditya Raj And 4 Others
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State Of U.P. And 3 Others
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)                           :    Kusum Mishra
                                    Counsel for Opposite Party(s)                      :    G.A.

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

                                    Heard Smt. Kusum Mishra, learned counsel for the applicants, Shri Tej Bhan
                                    Singh, learned A.G.A. for the State and perused the material on record.

                                    The present application under Section 528 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed by the applicants to quash the entire
                                    proceedings of Special Case No. 48 of 2022, arising out of case crime No.
                                    378 of 2021, under Sections 363, 366, 376, I.P.C. and Section 3/4 of
                                    Protection of Children from Sexual Offences Act against applicant No. 1
                                    and under Sections 504, 506, I.P.C. against applicant Nos. 2 to 5, Police
                                    Station- Meja, District Prayagraj as well as cognizance/summoning order
                                    dated 5.3.2022, pending in the court of Special Judge (POCSO Act),
                                    Allahabad.

                                    After some arguments, learned counsel for the applicants does not want to
                                    press this application.

                                    The instant application is dismissed as not pressed with liberty to file a fresh
                                    application with better particulars.

                                    Office shall return the certified copy of the documents to the learned counsel
                                    for the applicants, after retaining a xerox of the same.

                                    September 24, 2026
                                    T. Sinha
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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