Allahabad High Court
SHOYAB AND ANOTHERversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 of the BNSS is dismissed as not pressed, with liberty to file a suitable application before the competent court.
Summary
The applicants, Shoyab and another, filed an application under Section 528 of the BNSS seeking to quash the criminal proceedings (Special Case No. 2394 of 2023) arising from Crime No. 107 of 2023, which involved offences under Sections 363, 366A, 120B of the IPC and Sections 16/17 of the POCSO Act. The trial court had already examined fact witnesses. During the hearing, the applicants’ counsel indicated that they no longer wished to pursue the application. The High Court therefore dismissed the Section 528 application on the ground that it was not pressed, while granting the applicants liberty to file a suitable application before the appropriate court. Certified copies of the documents were ordered to be returned to the applicants’ counsel. The decision effectively left the original criminal proceedings untouched.
Issues considered
- Whether an application under Section 528 of the BNSS seeking to quash pending criminal proceedings can be entertained when the applicant withdraws the request.
- Whether the High Court has jurisdiction to dismiss the application as not pressed.
Legislation cited
- BNSS — s. 528
- Indian Penal Code — s. 120B, 363, 366A
- Protection of Children from Sexual Offences Act, 2012 — s. 16, 17
Subjects
- quash of criminal proceedings
- Section 528
- withdrawal of application
- procedural law
- criminal trial
- POCSO Act
Judgment
HIGH COURT OF JUDICATURE AT
ALLAHABAD
APPLICATION U/S 528 BNSS No. - 50849 of 2025
Shoyab And Another
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Gurfan Ali
Counsel for Opposite Party(s) : G.A., Sumit
Goyal
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Gufran Ali, learned counsel for the applicants,
Sri Sumit Goyal, learned counsel for the private
opposite party no. 4 and Sri Karunakar Singh,
learned A.G.A. for the State are present.
The present application u/s 528 of BNSS of 2023
has been filed with prayer to quash the entire
proceedings of Special Case No. 2394 of 2023,
arising out of Case Crime No. 107 of 2023, under
Sections 363, 366A, 120B of IPC and Sections
16/17 of POCSO Act, P.S. Chilkana, District
Saharanpur as well as cognizance/summoning order
dated 12.10.2023, pending in the Court of Special
Judge (Gangsters Act)/Additional Sessions Judge,
Court No. 13, Saharanpur.
Learned counsel for the applicants fairly admits that
the fact witnesses have been examined before the
trial court.
After some arguments, learned counsel for the
applicants does not want to press the present
NA528 No. 50849 of 2025
2
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 applicants 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
Checking your session…