Allahabad High Court
SONU @ ABHISHEKversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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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