Allahabad High Court
VISHAL SHARMA ALIAS BANTI AND ANOTHERversusSTATE 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 the applicants to file an appropriate application before a competent jurisdiction.
Summary
The applicants filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the proceedings of Special Case No. 3401 of 2025, which arose from a criminal complaint involving offences under the BNSS, the POCSO Act and the Juvenile Justice Act. After hearing, the senior counsel for the applicants indicated that they no longer wished to pursue the present application and instead sought liberty to file a suitable application before a competent court. The court noted the applicants' lack of intention to press the application and, granting the requested liberty, dismissed the application as not pressed. The order was signed on 7 May 2026, and a certified copy was to be returned to counsel.
Issues considered
- What is the appropriate course of action when an applicant withdraws or does not press an application filed under Section 528 of the BNSS?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 108, 351(2), 352, 528, 62, 75
- Juvenile Justice (Care and Protection of Children) Act, 2015 — s. 75
- Protection of Children from Sexual Offences (POCSO) Act — s. 10, 9f
Subjects
- Section 528
- quash proceedings
- application withdrawal
- POCSO Act
- Juvenile Justice Act
- court dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 48702 of 2025
Vishal Sharma Alias Banti And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ankit Kumar Rai, Sr. Advocate
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri R.P. Mishra, Advocate has filed Vakalatnama on behalf of the
opposite party no. 2, which is taken on record.
Sri Vinay Sharan, learned Senior Counsel assisted by Sri Ankit
Kumar Rai, learned counsel for the applicants and Sri Karunakar
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 Special Case No. 3401 of 2025, arising out of
Case Crime No. 475 of 2025, under Sections 352, 108, 62, 75,
351(2) of B.N.S. and Section 9f/10 POCSO Act and Section 75 of
the Juvenile Justice (Care and Protection of Children) Act, 2015
against applicant no. 1 and under Sections 352, 351(2) of B.N.S.
and Section 75 of the Juvenile Justice (Care and Protection of
Children) Act, 2015 against applicant no. 2, Police Station-
Khair, District- Aligarh, as well as cognizance/ summoning order
dated 03.10.2025 pending in the Court of Special Judge (POCSO
Act)/ Additional Sessions Judge, Aligarh.
After some arguments, learned Senior 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.
NA528 No. 48702 of 2025
2
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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