Allahabad High Court
ASHOKversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 354, 354-B, 506
- Protection of Children from Sexual Offences Act — s. 10, 9
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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