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Allahabad High Court

DEEPANSHU MITTALversusSTATE OF U.P. AND ANOTHER

Decided

Holding

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

Summary

The applicant, Deepanshu Mittal, filed an application under Section 528 of the BNSS (2023) seeking to quash the criminal proceedings (Case No. 253 of 2026) arising from Crime No. 693 of 2025, which involved offences under Sections 75, 77, 352, 351(2) of the BNS and Sections 66E & 67 of the Income‑Tax Act. The application was presented before the High Court of Judicature at Allahabad, with counsel Akash Patel for the applicant and G.A. and Pramod Kumar Singh for the private opposite party, while Alok Mishra appeared for the State. After hearing, the applicant’s counsel indicated that the applicant no longer wished to pursue the application. The Court therefore dismissed the application on the ground that it was not pressed, while allowing the applicant to file a fresh 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 of the BNSS seeking to quash criminal proceedings can be dismissed when the applicant does not press the application.

Legislation cited

Subjects

  • Section 528 application
  • quash of criminal proceedings
  • dismissal for non‑pressing
  • procedural law
  • High Court of Allahabad

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 9845 of 2026

                                    Deepanshu Mittal
                                                                                               .....Applicant(s)
                                                                       Versus

                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)              :     Akash Patel
                                    Counsel for Opposite Party(s)         :     G.A., Pramod Kumar Singh

                                    Court No. - 76
                                                     HON'BLE SANJAY KUMAR PACHORI, J.

                                    Sri Akash Patel, learned counsel for the applicant, Sri Pramod Kumar
                                    Singh, learned counsel for the private opposite party no. 2 and Sri Alok
                                    Mishra, learned A.G.A. for the State are present.

                                    The present application u/s 528 of BNSS of 2023 has been filed with
                                    prayer to quash the entire proceedings of Case No. 253 of 2026, arising
                                    out of Case Crime No. 693 of 2025, under Sections 75, 77, 352, 351(2)
                                    BNS and Sections 66E & 67 I.T. Act, P.S. Hapur Nagar, District Hapur as
                                    well as cognizance/summoning order dated 02.02.2026, pending in the
                                    Court of Chief Judicial Magistrate, Hapur.

                                    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 of BNSS of 2023 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 applicant after retaining a photocopy of the same.

                                    April 20, 2026
                                    MAA/-

                                                                                    (Sanjay Kumar Pachori,J.)




Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad


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