Allahabad High Court
PUSHPENDRA KUMAR ALIAS DEVversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 of the BNSS is dismissed as it was not pressed by the applicant.
Summary
The applicant, Pushpendra Kumar Alias Dev, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Special Case No. 393 of 2024) arising from a POCSO case involving offences under Sections 363, 354, 323, 34 of the IPC and Sections 7 and 8 of the POCSO Act. The application was presented before the High Court of Judicature at Allahabad. During the hearing, the applicant’s counsel indicated that the applicant no longer wished to pursue the application. Consequently, the Court dismissed the application on the ground that it was not pressed, while allowing the applicant to file a fresh appropriate application before a competent court if desired. The Court ordered the return of certified copies of the documents to the applicant’s counsel.
Issues considered
- Whether the application under Section 528 of the BNSS seeking quash of the criminal proceedings should be entertained.
- Whether the Court can dismiss the application on the ground that it is not pressed by the applicant.
Legislation cited
- Bail and Non‑appearance (BNSS) Act — s. 528
- Indian Penal Code — s. 323, 34, 354, 363
- Protection of Children from Sexual Offences (POCSO) Act — s. 7, 8
Subjects
- quash of criminal proceedings
- application under Section 528
- POCSO Act
- withdrawal of application
- high court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 49987 of 2025
Pushpendra Kumar Alias Dev
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashutosh Mishra
Counsel for Opposite Party(s) : G.A., Mayank Krishna Singh Chandel,
Vinod Kumar Chandel
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Kaushik Dey, learned counsel for the applicant and Sri Karunakar
Singh, learned A.G.A. for the State are present. Even in revised call
none has appeared for the private opposite party no. 4.
The present application u/s 528 of BNSS of 2023 has been filed with
prayer to quash the entire proceedings of Special Case No. 393 of 2024,
arising out of Case Crime No. 194 of 2023, under Sections 363, 354, 323,
34 of IPC and Section 7/8 of POCSO Act, P. S. Expressway, District
Gautam Buddha Nagar as well as cognizance/summoning order dated
16.04.2024, pending in the Court of Special Judge (POCSO
Act)/Additional Sessions Judge, Gautam Buddh Nagar.
After some arguments, learned counsel for the applicant does not want to
press the present application.
In view of above, the present application u/s 528 of BNSS of 2023 is
dismissed as not pressed with liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
Certified copies of the relevant documents be returned to learned counsel
for the applicant after retaining a photocopy of the same.
May 5, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
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