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Allahabad High Court

DVARIKA JAISWALversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent jurisdiction.

Summary

The applicant, Dvarika Jaiswal, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings in Case No. 2619 of 2017, which were instituted under Section 461 of the Indian Penal Code and Section 25 of the Indian Telegraph Act. The application was presented before the High Court of Judicature at Allahabad, with counsel Hitesh Kumar Srivastava representing the applicant and G.A. representing the State. During the hearing, the applicant's counsel indicated that he no longer wished to pursue the present application and instead sought liberty to file a suitable application before a competent court at a later stage. The court considered the procedural posture and the applicant's request for liberty. Consequently, the court dismissed the application on the ground that it was not pressed, while granting the applicant liberty to file an appropriate application in the future.

Issues considered

  • Whether an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita can be dismissed when the applicant chooses not to press it and seeks liberty to file a different application later

Legislation cited

Subjects

  • Section 528
  • Bharatiya Nagarik Suraksha Sanhita
  • quash of criminal proceedings
  • application dismissed
  • procedural liberty

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 43754 of 2025

                                    Dvarika Jaiswal
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                 :   Hitesh Kumar Srivastava
                                    Counsel for Opposite Party(s)            :   G.A.

                                    Court No. - 76
                                                  HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Hitesh Kumar Srivastava, learned counsel for the applicant and Sri
                                    Madhvendra Pratap Singh, learned A.G.A. for the State are present.

                                    The present application under Section 528 of the Bharatiya Nagarik
                                    Suraksha Sanhita has been filed to quash the entire proceedings of Criminal
                                    Case No. 2619 of 2017, arising out of Case Crime No. 32 of 2017, under
                                    Section 461 of I.P.C. and Section 25 of Indian Telegraph Act, Police Station-
                                    Baghauch Ghat, District- Deoria, as well as cognizance/ summoning order
                                    dated 22.12.2017 pending in the Court of Additional Chief Judicial
                                    Magistrate, Court No. 19, Deoria.

                                    After some arguments, learned counsel for the applicant does not want to
                                    press this application and wants liberty to file an appropriate application/
                                    proceedings before the court of competent jurisdiction.

                                    Certified copy of the order may be returned to the learned counsel for the
                                    applicant after retaining a xerox thereof.

                                    In view of the above, the application is dismissed as not pressed with the
                                    aforesaid liberty.

                                    May 7, 2026
                                    Ishan
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad


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