Allahabad High Court
DORI LAL AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to file an appropriate application before a competent court.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 seeking to quash the criminal proceedings (Special Case No. 693 of 2021) arising from offences under the IPC and the POCSO Act. After hearing, the applicants indicated they no longer wished to pursue this specific application and instead sought liberty to file a more appropriate application before a competent court. The learned counsel for the respondents opposed the continuation of the application. The High Court held that since the application was not pressed, it could not be entertained. Consequently, the court dismissed the application, granting the applicants liberty to file a suitable bail or other appropriate application before the appropriate jurisdiction.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be dismissed when the applicant chooses not to press it
- Whether the court may grant liberty to the applicant to file a different application before a competent jurisdiction
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 147, 148, 323, 354, 354-B, 506
- Protection of Children from Sexual Offences Act — s. 7, 8
Subjects
- quash of criminal proceedings
- Section 528
- application dismissed
- procedural liberty
- bail application
- criminal law
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 43856 of 2025
Dori Lal And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mayank Prakash Rawat
Counsel for Opposite Party(s) : G.A., Umesh Vats
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Supplementary affidavit filed today by learned counsel for the
applicants is taken on record.
Sri Mayank Prakash Rawat, learned counsel for the applicants,
Shri Kamleshwar Singh, learned A.G.A. for the State, Shri
Umesh Vatas, learned Senior Counsel assisted by Shri Sheetendra
Kumar Mishra, learned counsel for 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. 693 of 2021, arising
out of case crime No. 193 of 2021, under Sections 147, 148, 354,
354-B, 323, 506, I.P.C. and Section 7/8 of Protection of Children
from Sexual Offences Act, Police Station- Tajganj, District Agra
as well as cognizance/summoning order dated 31.5.2021, pending
in the court of Additional Sessions Judge, Court No. 28, Agra.
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.
NA528 No. 43856 of 2025
2
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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