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Allahabad High Court

SANYOGITA RAOversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicant, Sanyogita Rao, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking to quash the criminal proceedings (Criminal Case No. 21255 of 2023) arising from offences under Sections 323, 504, 307 and 212 of the IPC. During the hearing, the applicant’s counsel indicated that they no longer wished to pursue the application. Consequently, the Court dismissed the Section 528 application on the ground that it was not pressed, while allowing the applicant to file any appropriate application before a competent court. The Court ordered the return of certified copies of documents to the applicant’s counsel after retaining a photocopy. The dismissal left the original criminal proceedings pending before the Chief Judicial Magistrate, Deoria.

Issues considered

  • Whether an application under Section 528 BNSS can be dismissed when the applicant withdraws or does not press the application.

Legislation cited

Subjects

  • criminal procedure
  • quash petition
  • Section 528
  • BNSS
  • withdrawal of application

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 528 BNSS No. - 8493 of 2026

                                    Sanyogita Rao
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Akash Kumar Nishad, Subhash Chandra
                                                                    Pandey
                                    Counsel for Opposite Party(s) : G.A.

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

                                    1. Sri Akash Kumar Nishad, learned counsel for the applicant and Sri
                                    Puspraj Singh, brief holder for the State are present.

                                    2. The present application under Section 528 of Bhartiya Nagrik Suraksha
                                    Sanhita, 2023 has been filed by the applicant to quash the entire proceedings
                                    of criminal case No. 21255 of 2023, arising out of case crime No. 352 of
                                    2023, under Sections 323, 504, 307, 212, I.P.C., Police Station- Rampur
                                    Karkhana, District Deoria as well as cognizance/summoning order dated
                                    29.11.2023, pending in the court of Chief Judicial Magistrate, Deoria.

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

                                    4. 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.

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

                                    March 19, 2026
                                    SY
                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
SWETA YADAV
High Court of Judicature at Allahabad


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