Allahabad High Court
X JUVENILEversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to file an appropriate application before a competent jurisdiction.
Summary
The applicant, a juvenile, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire proceedings of Special Case No. 144 of 2025 pending before the Juvenile Justice Board, Ghaziabad, which involved offences under the Protection of Children from Sexual Offences Act. The application also sought to set aside the cognizance and summoning order dated 13‑06‑2025. During the hearing, the applicant’s counsel indicated that he no longer wished to pursue this specific application and wanted freedom to file a more appropriate petition before a competent court. The High Court, after noting the withdrawal, dismissed the application as not pressed and granted liberty to file a suitable application later. The certified copy of the documents was to be returned to counsel after retaining a xerox.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, is maintainable to quash pending juvenile proceedings.
- Whether the court can dismiss an application that is not pressed by the applicant.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- B.N.S. — s. 137(2)
- Protection of Children from Sexual Offences Act — s. 5(g), 5(k), 6
Subjects
- Section 528
- quash proceedings
- juvenile justice
- POCSO
- application dismissed
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41694 of 2025
X Juvenile
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Devesh Kumar Shukla, Shivam Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Devesh Kumar Shukla, learned counsel for the applicant, Shri A.K. Rai,
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 applicant to quash the entire proceedings
of Special Case No. 144 of 2025, arising out of case crime No. 114 of 2025,
under Section 137(2), B.N.S. and Section 5(g), 5(k), 6 of Protection of
Children from Sexual Offences Act, Police Station- Crossing Republic,
District Ghaziabad as well as cognizance/summoning order dated 13.6.2025,
pending in the court of Juvenile Justice Board, Ghaziabad.
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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