Allahabad High Court
RAHUL SRIVASTAVA AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application is 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 (Criminal Case No. 76152 of 2025) arising from offences under Sections 323, 504, 506, 354‑Kha and 325 of the Indian Penal Code. During the hearing, the applicants' counsel indicated that they no longer wished to pursue this specific application and instead wanted the freedom to file a more appropriate petition before a competent court. The High Court noted the withdrawal and dismissed the application as not pressed, while granting liberty to the applicants to file any suitable application thereafter. The court ordered the certified copy of the documents to be returned to counsel after retaining a xerox. The dismissal was procedural, not on the merits of the criminal case.
Issues considered
- Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita can be dismissed when the applicant chooses not to press it
Legislation cited
- Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
- Indian Penal Code — s. 323, 325, 354-Kha, 504, 506
Subjects
- Section 528
- quash proceedings
- procedural dismissal
- application not pressed
- criminal case
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 5778 of 2026
Rahul Srivastava And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajiv Chowdhury
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Rajiv Chowdhury, 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 Criminal Case No. 76152 of 2025, arising out of case crime
No. 194 of 2022, under Sections 323, 504, 506, 354-Kha, 325 of I.P.C.,
Police Station- Shivpur, District Varanasi as well as cognizance/summoning
order dated 4.12.2025, pending in the court of Civil Judge (Junior
Division)/F.T.C, Varanasi.
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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