Allahabad High Court
PHOOLCHANRA KUSHWAHA URF DAYASAGARversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 528 B.N.S.S. is dismissed for non‑prosecution due to the applicant’s failure to appear.
Summary
Phoolchanra Kushwaha Urf Dayasagar filed an application under Section 528 of the B.N.S.S. seeking to quash the charge‑sheet and stay the proceedings in a POCSO case (Sections 354‑A IPC, 7/8 POCSO Act, 3(2)va SC/ST Act). The applicant prayed for the entire proceeding to be set aside. On the hearing date, no counsel appeared on behalf of the applicant despite the presence of three counsels listed in the case. The court observed the lack of representation and, applying procedural rules, dismissed the application for non‑prosecution. Consequently, the pending criminal proceedings were not stayed and the application was dismissed.
Issues considered
- Whether an application under Section 528 B.N.S.S. can be entertained in the absence of any representation by the applicant.
Legislation cited
- B.N.S.S. — s. 528
- Indian Penal Code — s. 354-A
- Protection of Children from Sexual Offences Act — s. 7, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(2)va
Subjects
- quash petition
- non‑prosecution
- criminal procedure
- Section 528
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42170 of 2026
Phoolchanra Kushwaha Urf Dayasagar
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Jahangir Haider, Prince Das, Pritam Das
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. No one appears on behalf of the applicant to press this application u/s 528
B.N.S.S. despite the fact that there are three learned counsels appearing in
the matter. Sri Bade Lal Bind, learned counsel for the State is present.
3. The present application under Section 528 B.N.S.S. has been filed by the
applicant- Phoolchanra Kushwaha Urf Dayasagar, with the prayer to allow
the present application and quash the entire proceeding as well as charge-
sheet dated 06.10.2021 & cognizance/summoning order dated 15.11.2021 in
Sessions Case No. 929 of 2021 (State Vs. Phoolchanra Kushwaha Urf
Dayasagar) arising out of Case Crime No. 185 of 2021, under Sections 354-
A I.P.C., Section 7/8 POCSO Act and Section 3(2)va SC/ST Act, Police
Station Gursarai, District Jhansi, pending in the court of Special Judge
(POCSO Act), Jhansi, with a further prayer that proceedings of the aforesaid
case be stayed during the pendency of the present application.
4. Since there is no representation from the side of the applicant, the present
application under Section 528 B.N.S.S. is dismissed for non prosecution.
September 30, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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