Allahabad High Court
FAKRE ALAM AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 was dismissed as not pressed, with 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 (Crime No. 186 of 2024) pending before the Additional Chief Judicial Magistrate, Jaunpur. The charges involved Sections 115(2), 351 and 352 of the same Act. During the hearing, the applicants indicated they no longer wished to pursue this specific application and instead wanted freedom to file a suitable application before a competent court. The Court noted the applicants' request and dismissed the application as not pressed, granting them liberty to file appropriate proceedings later. The certified copy of the documents was to be returned to the applicants' counsel after a xerox was retained.
Issues considered
- Whether the application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be entertained when the applicants themselves choose not to press it
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 115(2), 351, 352, 528
Subjects
- Section 528
- quash proceedings
- criminal case
- application dismissed
- liberty to file
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5731 of 2026
Fakre Alam And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ranu, Shashi Shekhar Maurya
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Supplementary affidavit filed today by learned counsel for the applicants is
taken on record.
Sri Shashi Shekhar Maurya, learned counsel for the applicants, 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 applicants to quash the entire
proceedings of case arising out of case crime No. 186 of 2024, under
Sections 115(2), 351, 352, B.N.S., Police Station- Madiyahu, District
Jaunpur as well as cognizance/summoning order dated 15.1.2025, pending in
the court of Additional Chief Judicial Magistrate, Court No. 12, Jaunpur.
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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