Created by Fuzzy Cloud

Allahabad High Court

DAKSH PRATAP SINGHversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 BNSS is dismissed as it was not pressed, with liberty granted to the applicant to file a suitable application later.

Summary

The applicant filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the Special Trial No. 1309 of 2024 arising from Crime No. 499 of 2024, which involved offences under Sections 64, 333, 115(2), 351(2) of the BNSS and Section 3(2)5 of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989. After hearing, the applicant’s counsel indicated that the application would not be pressed and requested liberty to file a suitable application before a competent court later. The High Court noted the request and, finding that the application was not being pressed, dismissed it, allowing the applicant to retain a copy of the order. No substantive merits of the quash petition were considered. The order was signed by Justice Sanjay Kumar Pachori on 29 September 2026.

Issues considered

  • Whether an application under Section 528 BNSS seeking to quash criminal proceedings can be dismissed when the applicant chooses not to press it.
  • Whether the court may grant liberty to the applicant to file a fresh application before a competent jurisdiction.

Legislation cited

Subjects

  • quash of proceedings
  • Section 528
  • BNSS
  • SC/ST Act
  • application dismissed
  • liberty to file

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 41588 of 2026

                                    Daksh Pratap Singh
                                                                                                .....Applicant(s)
                                                                      Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Mayank Chandra, Pranav Tiwary, Sr.
                                                                    Advocate
                                    Counsel for Opposite Party(s) : G.A.

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

                                    Sri Manish Tiwary, learned Senior Counsel assisted by Sri Mayank Chandra,
                                    learned counsel for the applicant and Sri Karunakar Singh, 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 Special
                                    Trial No. 1309 of 2024, arising out of Case Crime No. 499 of 2024, under
                                    Section 64, 333, 115(2), 351(2) of B.N.S., 2023 and Section 3(2)5 of the
                                    Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
                                    1989, Police Station- Beta-2 District- Gautam Buddha Nagar, as well as
                                    cognizance/ summoning order dated 24.07.2026 pending in the Court of
                                    Special Judge, SC/ST Act, Gautam Budh Nagar.

                                    After some arguments, learned counsel for the applicant 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 29, 2026
                                    Ishan
                                                                                   (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.