Allahabad High Court
DEEPAK ALIAS DEEPAK KUMARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty to file appropriate proceedings before a competent jurisdiction.
Summary
The applicant, Deepak Kumar, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Special Case No. 122 of 2025) arising under Section 74 of the same Act and Sections 7 and 8 of the Protection of Children from Sexual Offences (POCSO) Act. The application was filed in the High Court of Allahabad while the original case was pending before the Special Judge (POCSO) in Jalaun. During the hearing, the applicant’s counsel expressed a desire not to pursue the present application and instead seek appropriate relief in a competent forum. The Court noted that the opposite parties had not appeared despite notice. Consequently, the Court dismissed the application as not pressed, granting the applicant liberty to file a suitable application before the appropriate court.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the pending criminal proceedings is maintainable.
- Whether the Court should entertain the application when the applicant indicates a wish to withdraw and pursue other relief.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528, 74
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- Section 528
- quash proceedings
- POCSO Act
- criminal procedure
- withdrawal of application
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41684 of 2025
Deepak Alias Deepak Kumar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Dhirendra Bahadur Singh
Counsel for Opposite Party(s) : G.A., Vijeta Singh
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Dhirendra Bahadur Singh, learned counsel for the applicant, Shri Puspraj
Singh, learned brief holder for the State, Ms. Vijeta Singh, learned counsel
for the opposite party No. 3 and perused the material on record. Despite
service of notice to the opposite party Nos. 2 & 4, none appears on their
behalf.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
of Special Case No. 122 of 2025, arising out of case crime No. 80 of 2025,
under Section 74, B.N.S. and Section 7/8 of Protection of Children from
Sexual Offences Act, Police Station- Sirsa Kalar, District Jalaun as well as
cognizance/summoning order dated 12.8.2025, pending in the court of
Special Judge (POCSO Act)/Additional Sessions Judge, Jalaun at Orai.
After some arguments, learned counsel for the applicant does not want to
press this application and wants liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
The instant application is dismissed as not pressed with liberty to file
appropriate application/proceedings before the court of competent
jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, after retaining a xerox of the same.
May 5, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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