Allahabad High Court
SHAHID @ PAPPU AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The court held that an unpressed application under Section 528 BNSS must be dismissed, though the applicants were given liberty to file an appropriate application before a competent jurisdiction.
Summary
The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Case No. 15187 of 2025) pending before the Chief Judicial Magistrate, Bijnor. The application aimed to nullify the cognizance and summoning order dated 31.10.2025 relating to offences under Sections 191(2), 190, 109, 115(2), 329(3) of the BNSS. During the hearing, the counsel for the applicants indicated that they no longer wished to pursue this specific application and desired liberty to file a more appropriate proceeding before a competent court. The High Court, noting that the application was not pressed, dismissed it while granting the applicants liberty to file a suitable application in the future. The court ordered the return of certified copies of the documents to the applicants' counsel after retaining a xerox copy.
Issues considered
- Whether the application under Section 528 BNSS for quashing the pending criminal proceedings is maintainable.
- Whether the court can dismiss an application that is not pressed by the applicant.
Legislation cited
Subjects
- Section 528
- BNSS
- quash proceedings
- criminal procedure
- application dismissed
- procedural liberty
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5717 of 2026
Shahid @ Pappu And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Tripathi, Vinod Kumar
Tirpathi
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Manoj Kumar Tripathi, learned counsel for the applicants, Shri Abhishek
Kumar, learned A.G.A. for the State and perused the material on record.
The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicants to quash the entire
proceedings of Case No. 15187 of 2025, arising out of case crime No. 571 of
2024, under Sections 191(2), 190, 109, 115(2), 329(3), B.N.S., Police
Station- Chandpur, District Bijnor as well as cognizance/summoning order
dated 31.10.2025, pending in the court of Chief Judicial Magistrate, Bijnor.
After some arguments, learned counsel for the applicants does not want to
press this application and wants liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
The instant application is dismissed as not pressed with liberty to file
appropriate application/proceedings before the court of competent
jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicants, after retaining a xerox of the same.
March 18, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad
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