Allahabad High Court
KISHAN PAL @ KISHAN LALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 is dismissed as not pressed, with liberty granted to file appropriate discharge or bail applications before the competent jurisdiction.
Summary
The applicant, Kishan Pal, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Case No. 42 of 2021, Crime No. 256 of 2020) pending before the Additional Sessions Judge, Rampur, which involved offences under IPC sections 323, 308, 325 and 504. After hearing, the applicant's counsel indicated that he no longer wished to pursue the quash application and instead sought liberty to file other appropriate applications before a competent court. The High Court held that the application was not pressed and therefore could not be entertained. Consequently, the Court dismissed the application, granting the applicant liberty to file a discharge, bail, or anticipatory bail application as deemed appropriate. The certified copy of the documents was to be returned to counsel after retaining a xerox.
Issues considered
- What is the appropriate procedure when an application under Section 528 is not pressed by the applicant?
- Whether the Court can dismiss a quash application on the ground that it is not pressed and grant liberty to file other applications.
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 308, 323, 325, 504
Subjects
- quash of criminal proceedings
- Section 528
- procedural dismissal
- liberty to file
- bail application
- discharge application
- criminal trial
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5723 of 2026
Kishan Pal @ Kishan Lal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Girish Kumar Mishra, Hari Om Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Girish Kumar Mishra, learned counsel for the applicant, Shri A.K. Rai,
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 applicant to quash the entire proceedings
of Case No. 42 of 2021, arising out of case crime No. 256 of 2020, under
Sections 323, 308, 325, 504, I.P.C., Police Station- Shahzad Nagar, District
Rampur as well as cognizance/summoning order dated 16.2.2021, pending in
the court of Additional Sessions Judge, Court No. 2, Rampur.
After some arguments, learned counsel for the applicant 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
discharge application/bail application/Anticipatory Bail
Application/proceedings before the court of competent jurisdiction.
Office shall return the certified copy of the documents to the learned counsel
for the applicant, 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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