Allahabad High Court
JAYVEER SINGH AND 2 OTHERSversusSTATE OF UP 3 ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 528 BNSS is dismissed as not pressed.
Summary
The applicants Jayveer Singh, Nanhu and Lal Singh filed an application under Section 528 of the BNSS Act seeking to quash an order dated 25‑11‑2025 in Session Trial Case No.850 of 2022 (Ramkumar v. Jayveer Singh), which involved charges under IPC sections 452, 354, 323, 504, 506, POCSO Act sections 7 and 8, and SC/ST Act section 3(1)(x). The applicants also prayed for a stay of the proceedings in the said case. The learned counsel for the applicants argued that the application was not pressed. The High Court examined the records, noted the absence of counsel for the opposite party no.2, and dismissed the application as not pressed. Consequently, the interim order was vacated and the matter was directed to be communicated to the concerned court.
Issues considered
- Whether the application under Section 528 BNSS is pressed and maintainable
- Whether the impugned order dated 25‑11‑2025 can be quashed
- Whether a stay of the pending criminal proceedings should be granted
Legislation cited
- B.N.S.S. Act — s. 528
- Indian Penal Code — s. 323, 354, 452, 504, 506
- Protection of Children from Sexual Offences (POCSO) Act — s. 7, 8
- SC/ST (Prevention of Atrocities) Act — s. 3(1)(x)
Subjects
- Section 528 application
- quash order
- IPC
- POCSO Act
- SC/ST Act
- stay of proceedings
- court order dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 4354 of 2026
Jayveer Singh And 2 Others
.....Applicant(s)
Versus
State Of Up 3 Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Deepak Singh, Diksha Duggal
Counsel for Opposite Party(s) : G.A., Sunil Kumar
Court No. - 75
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Deepak Singh, learned counsel for the applicants and Sri Ajay
Singh, learned counsel for State and perused the records. Sri Ritesh Kumar
Singh and Sri Rakesh Kumar Mishra, learned counsels for the opposite party
no.2 are not present even when the matter is taken in the revised list.
3. This matter is today listed in the fresh supplementary list.
4. The present application under Section 528 B.N.S.S. has been filed by the
applicants- Jayveer Singh, Nanhu and Lal Singh, with the prayer to allow the
present application and quash the impugned order dated 25.11.2025 in
Session Trial Case No.850 of 2022 (Ramkumar Vs. Jayveer Singh), under
Section 452, 354, 323, 504, 506 I.P.C. and Section 7/8 POCSO Act, and
Section 3(1)(x) SC/ST Act, Police Station Shivli, District-Kanpur Dehat,
pending in the court of learned Additional Sessions Judge, Court No.14,
(Rape and POCSO Act), Kanpur Dehat, with a further prayer that
proceedings of the aforesaid case be stayed during the pendency of the
present application.
5. Learned counsel for the applicants submits that the present application u/s
528 B.N.S.S. be dismissed as not pressed.
6. Prayer is allowed.
7. The present application u/s 528 B.N.S.S. is dismissed as not pressed.
NA528 No. 4354 of 2026
2
8. Interim order, if any, stands vacated.
9. Office is directed to communicate this order to the concerned court within
three weeks from today.
10. Pending application (s), if any, shall stand disposed of.
May 13, 2026
AS Rathore
(Samit Gopal,J.)
Digitally signed by :-
ABHISHEK SINGH RATHOR
High Court of Judicature at Allahabad
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