Allahabad High Court
SHRI VISHAL TIWARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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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