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Allahabad High Court

VIKAS @ BABLI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed as not pressed, with liberty granted to the applicant to file an appropriate application before a competent court.

Summary

The applicants filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the order dated 20 January 2026 of the Sessions Judge, Baghpat, which had dismissed their preliminary objection to the framing of charge in a criminal case under Sections 109(1) and 117(2) of the same Act. The senior counsel for the applicants openly admitted that the charge had already been framed and expressed a desire to withdraw the present application, requesting liberty to file a more appropriate proceeding before a competent court. The High Court examined whether the application could be entertained in view of the applicants' own admission and the procedural requirements of Section 528. Finding that the application was not pressed and that the applicants themselves sought to discontinue it, the Court dismissed the application. The Court also directed that the certified copy of the order be returned to the applicants' counsel after retaining a xerox, and granted liberty to file any suitable application thereafter.

Issues considered

  • Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be entertained when the applicant admits that the charge has been framed and wishes to withdraw the application.
  • Whether the court should grant liberty to the applicant to file a more appropriate proceeding before a competent jurisdiction.

Legislation cited

Subjects

  • Section 528
  • quash order
  • charge framing
  • preliminary objection
  • criminal procedure
  • Bhartiya Nagrik Suraksha Sanhita

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 528 BNSS No. - 5762 of 2026

                                    Vikas @ Babli And 2 Others
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)      : Raghvendra Prakash, Sr. Advocate
                                    Counsel for Opposite Party(s) : Abhinav Gaur, Ankit Shukla, G.A.,
                                                                    Mohd. Rashid Siddiqui

                                    Court No. - 74
                                                   HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Gaurav Kakkar, learned Senior Counsel assisted by Shri Raghvendra
                                    Prakash, learned counsel for the applicants, Sri Vibhu Rai, Advocate holding
                                    brief of Shri Abhinav Gaur, learned counsel for the opposite party No. 2 and
                                    Shri Sameer Shankar, learned A.G.A.-1st for the State are present.

                                    The present application under Section 528 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed to quash the order dated 20.1.2026 passed by
                                    Sessions Judge, Baghpat in Session Trial No. 2144 of 2025, arising out of
                                    case crime No. 229 of 2025, under Sections 109(1), 117(2) of B.N.S., Police
                                    Station Khekada, District Baghpat, whereby an application/preliminary
                                    objection to frame charge has been dismissed.

                                    Learned Senior Counsel for the applicants fairly admits that charge has been
                                    framed in the present case and he does not want to press the present
                                    application with 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 order 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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