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Allahabad High Court

SONU @ ABHISHEKversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicant, Sonu @ Abhishek, filed an application under Section 528 of the B.N.S. seeking to quash the criminal proceedings (Criminal Case No. 16962 of 2025) pending before the Additional Chief Judicial Magistrate, Agra. The application alleged that the proceedings arising from offences under Sections 64(1), 115(2), 351(3) and 118(1) of the B.N.S. should be set aside. After hearing, the applicant’s counsel, Rajesh Kumar Singh, 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 granting liberty to file a fresh appropriate application before a competent court. Certified copies of the documents were ordered to be returned to the applicant’s counsel.

Issues considered

  • Whether an application under Section 528 of the B.N.S. seeking quash of criminal proceedings can be entertained when the applicant’s counsel withdraws the request.
  • Whether the Court can dismiss the application on the ground that it is not pressed.

Legislation cited

  • B.N.S. — s. 115(2), 118(1), 351(3), 64(1)

Subjects

  • Criminal Procedure
  • Section 528
  • Quash of Proceedings
  • Application Not Pressed
  • Dismissal

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                APPLICATION U/S 528 BNSS No. - 8592 of 2026

                                    Sonu @ Abhishek
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                    :   Rajesh Kumar Singh
                                    Counsel for Opposite Party(s)               :   G.A.

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

                                    1. Shri Vishal Kumar Singh, Advocate holding brief of Shri Rajesh Kumar
                                    Singh, learned counsel for the applicant and learned A.G.A. for the State are
                                    present.

                                    2. The present application u/s 528 BNSS has been filed with prayer to quash
                                    the entire proceedings of Criminal Case No. 16962 of 2025 (State versus
                                    Sonu @ Abhishek) arising out of Case Crime No. 232 of 2025 under
                                    Sections 64(1), 115(2), 351(3), 118(1) B.N.S., Police Station-Malpura,
                                    District-Agra as well as summoning/cognizance order dated 18.08.02025
                                    pending before the court of learned Additional Chief Judicial Magistrate,
                                    Court No. 2, Agra.

                                    3. After some arguments, learned counsel for the applicants 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 applicants 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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