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Allahabad High Court

DEEPAK ALIAS DEEPAK KUMARversusSTATE OF U.P. AND 3 OTHERS

Decided

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

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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