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Allahabad High Court

SHRI VISHAL TIWARIversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 BNSS is dismissed as it was not pressed.

Summary

The applicant, Shri Vishal Tiwari, filed an application under Section 528 of the BNSS seeking to quash the entire proceedings of Case No. 1315 of 2024, which arose from a criminal case under Sections 115(2), 352 and 117(2) of the BNSS. The application was presented before the High Court of Judicature at Allahabad. During the hearing, the applicant's counsel indicated that he no longer wished to pursue the application. Consequently, the court dismissed the application on the ground that it was not pressed, while allowing the applicant to file a suitable application before a competent court if desired. Certified copies of the documents were ordered to be returned to the applicant's counsel.

Issues considered

  • Whether an application under Section 528 BNSS seeking to quash criminal proceedings can be dismissed when the applicant does not press the application.

Legislation cited

  • BNSS — s. 115(2), 117(2), 352, 528

Subjects

  • quash proceedings
  • section 528 BNSS
  • application dismissed
  • withdrawal of application
  • procedural law

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 6572 of 2026

                                    Shri Vishal Tiwari
                                                                                               .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Ajeet Singh, Anoop Kumar, Ashutosh
                                                                    Sharma
                                    Counsel for Opposite Party(s) : G.A., Rajdhar

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

                                    Sri Ajeet Singh, learned counsel for the applicant, Sri Rajdhar, learned
                                    counsel for opposite party no.2 and learned A.G.A. for the State are
                                    present.

                                    The present application u/s 528 BNSS has been filed with prayer to quash
                                    the entire proceedings of Case No. 1315 of 2024, arising out of Case
                                    Crime No.206 of 2025, under Sections 115(2), 352 & 117(2) of BNS, P.S.
                                    Suriyawan, District Bhadohi as well as cognizance/summoning order
                                    dated 12.01.2026, pending in the Court of Civil Judge (Senior Divisiioni),
                                    Court no.2, Bhadohi at Gyanpur.

                                    After some arguments, learned counsel for the applicant does not want to
                                    press the present application.

                                    In view of above, the present application u/s 528 BNSS is dismissed as
                                    not pressed with liberty to file appropriate application/proceedings before
                                    the court of competent jurisdiction.

                                    Certified copies of the relevant documents be returned to learned counsel
                                    for the applicants after retaining a photocopy of the same.



                                                                                   (Sanjay Kumar Pachori,J.)
                                    March 18, 2026
                                    A.N. Mishra




Digitally signed by :-
AMARNATH MISHRA
High Court of Judicature at Allahabad


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