Allahabad High Court
MAYANKversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is dismissed as it was not pressed.
Summary
The applicant filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire criminal proceedings (Special Case No. 1232 of 2026) arising from a crime involving sections of the BNSS, the SC/ST Act, and the POCSO Act. During the hearing, the applicant's counsel indicated that they no longer wished to pursue this specific application and instead wanted liberty to file a different application before the trial court. The court noted the applicant's request and, finding that the application was not being pressed, ordered that the certified copy of the order be returned to counsel. Consequently, the court dismissed the application for lack of pressing. The dismissal left the original criminal proceedings untouched.
Issues considered
- Can an application under Section 528 BNSS seeking quash of criminal proceedings be dismissed for not being pressed by the applicant?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 115(2), 351(2), 352, 528, 70(2)
- Protection of Children from Sexual Offences Act — s. 5(g), 6
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act — s. 3(1)(da)(dha), 3(2)(v), 3(2)(va)
Subjects
- Section 528
- quash of proceedings
- procedural dismissal
- criminal trial
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42038 of 2026
Mayank
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Bind, Samsher Bahadur
Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Anil Kumar Bind, learned counsel for the applicant and Sri Abhishek
Kumar, 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 entire proceedings of Special
Case No. 1232 of 2026, arising out of Case Crime No. 136 of 2026, under
Sections 115(2), 352, 351(2), 70(2) of B.N.S. and section 3(1)(da)(dha),
3(2)(v), 3(2)(va) of S.C./S.T. Act and Section 5(g)/6 of POCSO Act, Police
Station- Utraon, District- Prayagraj, as well as cognizance/ summoning
order dated 10.09.2026 pending in the Court of Additional Sessions Judge/
Special Judge, Court POCSO Act, Prayagraj.
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 trial court.
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 30, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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