Allahabad High Court
ADITYA RAJ AND 4 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 363, 366, 376, 504, 506
- Protection of Children from Sexual Offences Act — s. 3, 4
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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