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Allahabad High Court

GABBAR SINGHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application under Section 528 is dismissed as it was not pressed by the applicant.

Summary

Gabbar Singh filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash a judgment dated 10 September 2026 of the Special Judge (POCSO Act) in Budaun, which arose from a criminal case under Sections 452 and 376 of the IPC and Sections 3 and 4 of the POCSO Act. During the hearing, the applicant’s counsel expressed that he no longer wished to pursue the present application and instead sought liberty to file a more appropriate proceeding before a competent court. The court noted the applicant’s request and ordered that the certified copy of the order be returned to counsel after retaining a xerox. Consequently, the court dismissed the application on the ground that it was not pressed, granting the liberty sought by the applicant.

Issues considered

  • Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita can be entertained when the applicant withdraws it during the hearing.
  • Whether the court can dismiss the application on the ground that it is not pressed, without addressing the merits of the quash petition.

Legislation cited

Subjects

  • Section 528
  • quash order
  • procedural dismissal
  • POCSO Act
  • criminal procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 41650 of 2026

                                    Gabbar Singh
                                                                                                 .....Applicant(s)
                                                                      Versus
                                    State Of U.P. And 3 Others
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                      :      Abhay Raj Singh
                                    Counsel for Opposite Party(s)                 :      G.A.

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

                                    Sri Abhay Raj Singh, 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 order dated 10.09.2026 passed
                                    by Special Judge (POCSO Act), Budaun in Special Case No. 1301 of 2019,
                                    arising out of Case Crime No. 153 of 2019, under Sections 452, 376 of I.P.C.
                                    and Section 3/4 of POCSO Act, Police Station- Bilsi, District- Budaun.

                                    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


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