Allahabad High Court
SANJAY KUMAR PATELversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, but the applicant is granted liberty to file an appropriate application or bail petition before the competent jurisdiction.
Summary
The applicant, Sanjay Kumar Patel, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Special Case No. 893 of 2023) arising from offences under Sections 506 and 354‑A of the IPC and Sections 7 and 8 of the POCSO Act. During the hearing, the applicant’s counsel indicated that he no longer wished to pursue the quash application and instead wanted the freedom to file any appropriate application or bail petition before the competent court. The High Court noted that the application was not pressed and therefore dismissed it, while granting the applicant liberty to file any suitable application or bail proceeding thereafter. The court ordered the return of the certified copy of the documents to the applicant’s counsel after retaining a xerox. The order was pronounced on 5 May 2026 by Justice Sanjay Kumar Pachori.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be entertained when the applicant withdraws it and seeks liberty to file another application.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 354-A, 506
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- Section 528
- quash of criminal proceedings
- withdrawal of application
- liberty to file
- bail application
- PCSO Act
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41932 of 2025
Sanjay Kumar Patel
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Mohd. Kamar Shah Alam
Counsel for Opposite Party(s) : G.A., Suraj Kumar Singh
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Niyaz Ahmad, Advocate holding brief of Shri Mohd. Kamar Shah Alam,
learned counsel for the applicant, Shri A.K. Rai, learned A.G.A. for the
State, Shri Ayush Yadav, Advocate holding brief of Shri Suraj Kumar Singh,
learned counsel for the opposite party No. 2 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. 893 of 2023, arising out of case crime No. 71 of 2022,
under Sections 506, 354-A, I.P.C. and Section 7/8 of Protection of Children
from Sexual Offences Act, Police Station- Manduadeeh, District Varanasi as
well as cognizance/summoning order dated 24.11.2023, pending in the court
of Special Judge (POCSO Act), Court No. 2, Varanasi.
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/bail 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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