Allahabad High Court
DEEPANSHU MITTALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
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
- BNS — s. 351(2), 352, 75, 77
- BNSS — s. 528
- Income Tax Act — s. 66E, 67
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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