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Allahabad High Court

PRADEEP KUMAR DUBEYversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 was dismissed as not pressed, with liberty granted to file an appropriate application before a competent jurisdiction.

Summary

The applicant, Pradeep Kumar Dubey, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash a 9 July 2026 order from a 2018 Session Trial that had framed charges against him under IPC sections 302 and 34 for a 2017 crime. The case was pending before a Special Judge under the SC/ST Act. During the hearing, the applicant’s counsel withdrew the application and requested liberty to file a more appropriate proceeding before a competent court. The High Court dismissed the application as not pressed, granting the requested liberty. The certified copy of the order was to be returned to the applicant’s counsel.

Issues considered

  • Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, can be entertained to quash a criminal charge order.
  • Whether the court should dismiss an application when the applicant withdraws it and seeks liberty to file another proceeding.

Legislation cited

Subjects

  • criminal procedure
  • quash order
  • Section 528
  • withdrawal of application
  • Special Judge
  • SC/ST Act

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 42286 of 2026

                                    Pradeep Kumar Dubey
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                    :   Parveen Kumar Shukla
                                    Counsel for Opposite Party(s)               :   G.A.

                                    Court No. - 77
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Parveen Kumar Shukla, learned counsel for the applicant and Sri Rahul
                                    Pandey, learned brief holder for the State are present.

                                    The present application under Section 528 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed to quash the order dated 9.7.2026 passed in
                                    Session Trial No. 7 of 2018, arising out of case crime No. 279 of 2017,
                                    under Sections 302/34 of I.P.C., Police Station Kachhwa, District Mirzapur,
                                    whereby charge has been framed against the applicant, pending in the court
                                    of Special Judge (SC/ST Act), Mirzapur.

                                    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 order to the learned counsel for
                                    the applicant, after retaining a xerox of the same.

                                    October 1, 2026
                                    T. Sinha
                                                                                     (Sanjay Kumar Pachori,J.)




Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad


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