Allahabad High Court
SANJE ALIAS SANJEEV AND 3 OTHERSversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to the applicants to file an appropriate application or bail petition before a competent court.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire proceedings of a POCSO case (Special Case No. 900 of 2025) pending before the Special Judge, Kasganj. After hearing, the applicants' counsel indicated that they no longer wished to pursue this specific application and instead wanted the freedom to file a more appropriate application or bail petition before a competent court. The High Court noted that the application was not being pressed and therefore dismissed it, while granting liberty to the applicants to file any suitable application thereafter. The court ordered the return of the certified copy of the documents to the applicants' counsel after retaining a xerox. The judgment was delivered on May 5, 2026, by Justice Sanjay Kumar Pachori.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash criminal proceedings is maintainable in the present circumstances.
- Whether the court can dismiss an application on the ground that it is not being pressed by the applicant.
- Whether the applicant should be granted liberty to file an alternative application or bail petition before a competent jurisdiction.
Legislation cited
Subjects
- Section 528
- quash proceedings
- POCSO Act
- bail application
- application dismissed
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 42660 of 2025
Sanje Alias Sanjeev And 3 Others
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Meva Lal Yadav
Counsel for Opposite Party(s) : Anil Kumar, G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Meva Lal Yadav, learned counsel for the applicants, Shri Chhavi Pal
Singh, learned A.G.A. for the State, Shri Anil Kumar, 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 applicants to quash the entire
proceedings of Special Case No. 900 of 2025, arising out of case crime No.
135 of 2025, under Sections 115(2), 352, 74, 351(3), 331(4), B.N.S. and
Section 7/8 of Protection of Children from Sexual Offences Act, Police
Station- Sikandarpur Vaishya, District Kasganj as well as
cognizance/summoning order dated 11.9.2025, pending in the court of
Special Judge (POCSO Act), Kasganj.
After some arguments, learned counsel for the applicants 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 applicants, 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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