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Allahabad High Court

ASHOKversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The Court dismissed the application as not pressed, granting the applicant liberty to file an appropriate application before a competent jurisdiction.

Summary

The applicant, Ashok, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the entire criminal proceedings (Special Case No. 1917 of 2020) arising from alleged offences under Sections 354, 354‑B, 506 of the IPC and Sections 9 and 10 of the POCSO Act. The application was presented before the High Court of Judicature at Allahabad. During hearing, the applicant’s counsel indicated that he no longer wished to pursue this specific application and instead wanted liberty to file a more appropriate petition before a competent court. The Court, noting that the application was not pressed, dismissed it while granting the applicant liberty to file a suitable application in the future. The certified copy of the documents was to be returned to the applicant’s counsel after retaining a xerox.

Issues considered

  • Whether the High Court should entertain and decide the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita to quash the pending criminal proceedings.

Legislation cited

Subjects

  • quash proceedings
  • Section 528
  • BNSS Act
  • POCSO Act
  • criminal case dismissal
  • application not pressed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 44024 of 2025

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

                                    Counsel for Applicant(s)        : Arvind Kumar Mishra, Devendra Mishra
                                    Counsel for Opposite Party(s)   : G.A., Surendra Kumar Yadav

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

                                    Sri Arvind Kumar Mishra, learned counsel for the applicant, Shri A.K. Rai,
                                    learned A.G.A. for the State, Shri Surendra Kumar Yadav, 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 applicant to quash the entire proceedings
                                    of Special Case No. 1917 of 2020, arising out of case crime No. 842 of
                                    2020, under Sections 354, 354-B, 506, I.P.C. and Section 9/10 of Protection
                                    of Children from Sexual Offences Act, Police Station- Shikandarabad,
                                    District Bulandshahr as well as charge sheet dated 3.11.2020, pending in the
                                    court of Special Judge (POCSO Act), Court No. 1, Bulandshahr.

                                    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/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.

                                    May 5, 2026
                                    T. Sinha
                                                                                    (Sanjay Kumar Pachori,J.)




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

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