Allahabad High Court
TRIBENIversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 528 BNSS is dismissed as it was not pressed.
Summary
The applicant, Tribeni, filed an application under Section 528 of the BNSS seeking a direction for a fresh, independent investigation into the death of a deceased person in Crime No.0485 of 2024, Police Station Kothibhar, District Maharajganj. The application alleged that the local police might be influenced and requested a higher‑ranking officer or an external agency to conduct the inquiry. Counsel for the applicant later indicated that they did not wish to press the application. The Court noted that the application was not being pressed and therefore could not be entertained. Consequently, the Court dismissed the application, allowing the applicant liberty to file a suitable proceeding before a competent court, and ordered the return of the documents to the applicant’s counsel.
Issues considered
- Whether an application under Section 528 BNSS seeking a fresh independent investigation can be entertained when the applicant does not press the application.
Legislation cited
- BNSS — s. 528
Subjects
- Section 528
- BNSS
- independent investigation
- application dismissed
- court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8003 of 2026
Tribeni
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhay Kumar, Chandrachud Pandey,
Vineeta Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Chandrachud Pandey, learned counsel for the applicants and Shri B.N.
Upadhyay, learned Brief holder for the State are present.
The present application u/s 528 BNSS has been filed with prayer to direct
competent authority/Police Officials to made further investigation by an
independent agency or by a higher-ranking police officer outside the local
police influence to uncover the truth behind the death of the deceased in
Case Crime No.0485 of 2024, Police Station Kothibhar, District
Maharajganj.
After some arguments, learned counsel for the applicants 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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