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Allahabad High Court

X JUVENILEversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court held that an unpressed application under Section 528 cannot be entertained and must be dismissed, 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 criminal proceedings (Criminal Case No. 46 of 2026) arising under Sections 137(2), 65(1) of the same Act and Sections 3 and 4 of the Protection of Children from Sexual Offences Act. During the hearing, the applicant's counsel expressed a desire not to pursue the present application and instead sought liberty to file a more appropriate application or bail before a competent court. The High Court noted that the application was not pressed and therefore could not be entertained. Consequently, the Court dismissed the application, granting the applicant liberty to file any suitable application or bail proceedings before the appropriate jurisdiction. 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 can be entertained when the applicant does not press it.
  • Whether the Court can dismiss such an application and grant liberty to file a different proceeding.

Legislation cited

Subjects

  • Section 528
  • quash proceedings
  • juvenile justice
  • application dismissed
  • procedural liberty
  • bail application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 APPLICATION U/S 528 BNSS No. - 42340 of 2026

                                    X Juvenile
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State Of U.P. And 3 Others
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)                          :    Prashant Ojha
                                    Counsel for Opposite Party(s)                     :    G.A.

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

                                    Heard Sri Prashant Ojha, 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 Criminal Case No. 46 of 2026, arising out of case crime No. 333 of 2025,
                                    under Sections 137(2), 65(1), B.N.S. and Section 3/4 of Protection of
                                    Children from Sexual Offences Act, Police Station- Bhagatpur, District
                                    Moradabad as well as cognizance/summoning order dated 20.3.2026,
                                    pending in the court of Juvenile Justice Board, Moradabad.

                                    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.

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




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

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