Allahabad High Court
ARSHAD ALI AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNSS was dismissed because the applicant did not press it.
Summary
The applicants, Arshad Ali and another, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the entire proceedings of Special Case No. 923 of 2025, which arose from a criminal case under Section 135 of the Electricity Act. During the hearing, the applicant's counsel indicated that they no longer wished to pursue the application and instead sought liberty to file a suitable application before a competent authority. The court noted the request and ordered that the certified copy of the order be returned to counsel after retaining a xerox. Consequently, the court dismissed the application on the ground that it was not pressed. The dismissal left the original criminal proceedings pending before the Special Judge (E.C. Act) in Ballia.
Issues considered
- Can an application under Section 528 BNSS seeking quash of criminal proceedings be entertained when the applicant withdraws it and seeks liberty to file a different application?
Legislation cited
- Bharatiya Nagarik Suraksha Sanhita — s. 528
- Electricity Act — s. 135
Subjects
- Section 528
- Bharatiya Nagarik Suraksha Sanhita
- quash of proceedings
- procedural withdrawal
- Electricity Act
- Special Judge
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49144 of 2025
Arshad Ali And Another
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Maurya
Counsel for Opposite Party(s) : Chetan Chatterjee, G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Ashok Kumar Maurya, learned counsel for the applicants, Sri Kavindra
Tiwari, Advocate holding brief of Sri Chetan Chatterjee, learned Standing
Counsel for the power corporation and Sri Manoj Kumar 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. 923 of 2025, arising out of Case Crime No. 633 of 2021, under
Sections 135 of Electricity Act, Police Station- Antipower Tehft, District-
Ballia, as well as cognizance/ summoning order dated 14.07.2025 pending
in the Court of Special Judge (E.C. Act)/ Additional Session Judge, Ballia.
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/ authority.
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 5, 2026
Ishan
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
ISHAN JAISWAL
High Court of Judicature at Allahabad
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