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Allahabad High Court

ASHOK DANGIversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The application was dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent jurisdiction.

Summary

The applicant, Ashok Dangi, filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita seeking to quash the criminal proceedings (Special Case No. 1232 of 2024) arising from offences under Sections 354-A, 504, 506 of the IPC and Sections 7 and 8 of the POCSO Act. After hearing, the applicant’s counsel indicated that he no longer wished to pursue the quash application and instead wanted liberty to file a suitable application before a competent court. The court noted the applicant’s request and, finding that the application was not being pressed, dismissed it, granting the liberty sought. The certified copy of the order was to be returned to the applicant’s counsel. The dismissal was purely procedural, with no substantive adjudication on the merits of the criminal charges.

Issues considered

  • Whether the application under Section 528 BNSS seeking to quash the criminal proceedings should be entertained when the applicant withdraws it.

Legislation cited

Subjects

  • Section 528
  • Bharatiya Nagarik Suraksha Sanhita
  • quash application
  • procedural dismissal
  • POCSO Act
  • criminal proceedings

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 49340 of 2025

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

                                    Counsel for Applicant(s)           :   Kapil Kumar Soni, Vinod Kumar
                                    Counsel for Opposite Party(s)      :   G.A.

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

                                    Sri V.K. Baranwal, Advocate holding brief of Sri Kapil Kumar, learned
                                    counsel for the applicant and Sri M.K. 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. 1232 of 2024, arising out of Case Crime No. 220 of 2024, under
                                    Sections 354-A, 504, 506 of I.P.C. and Section 7/8 of POCSO Act, Police
                                    Station- Mauranipur, District- Jhansi, as well as cognizance/ summoning
                                    order dated 28.08.2024 pending in the Court of Additional Sessions Judge/
                                    Special Judge (POCSO Act), Jhansi.

                                    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.

                                    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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