Allahabad High Court

SMT. SHAHANAversusSTATE OF U.P THROUGH PRINCIPAL SECRETARY(HOME) U.P., LUCKNOW AND ANOTHER

Decided: 16 September 2026
Bench: SANJAY KUMAR PACHORI

Holding

The application is dismissed as not pressed.

Summary

The applicant, Smt. Shahana, filed an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to the Additional Chief Judicial Magistrate, Court No. 4, Ghaziabad, to decide a criminal case (case No. 1561 of 2025 arising from crime No. 218 of 2024) within the stipulated period. The State, through its learned Additional Government Advocate, contended that the allegations in the FIR and the pre‑summoning evidence indicated that the matters were essentially a civil dispute, not a criminal offence. After hearing arguments, the applicant’s counsel indicated that the applicant no longer wished to pursue the application. The Court therefore dismissed the application as “not pressed.” The certified copy of the documents was to be returned to the applicant’s counsel after retaining a xerox copy.

Issues considered

Whether an application under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023, seeking a direction to a magistrate to decide a criminal case within a stipulated period is maintainable.
Whether the allegations disclosed in the FIR constitute a criminal offence or merely a civil dispute.
Whether the applicant may withdraw the application and the effect of such withdrawal on the proceedings.

Legislation cited

Bhartiya Nagrik Suraksha Sanhita, 2023 — s. 528
Indian Penal Code — s. 406, 420, 504, 506

Subjects

criminal procedure
section 528 application
withdrawal of application
civil dispute vs criminal offence
dismissal

Judgment

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 529 BNSS No. - 4912 of 2026

Smt. Shahana
.....Applicant(s)
Versus

State Of U.P Through Principal Secretary(Home)
U.P., Lucknow And Another .....Opposite
Party(s)

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

Court No. - 77
HON'BLE SANJAY KUMAR PACHORI, J.

Shri Akhilesh Kumar Rajbhar, learned counsel for the applicant and Shri
Alok Mishra, learned A.G.A. for the State are present.

The present application under Section 528 of Bhartiya Nagrik Suraksha
Sanhita, 2023 has been filed by the applicant with a prayer to issue a
direction to the Additional Chief Judicial Magistrate, Court No. 4,
Ghaziabad to decide the case No. 1561 of 2025, arising out of case crime
No. 218 of 2024, under Sections 420, 406, 504, 506, I.P.C., Police Station
Masuri, District Rural (Commissionerate Ghaziabad) within stipulated
period.

Learned A.G.A. pointed out that as per allegation of F.I.R. as well as pre-
summoning evidence, all the allegations are related to purely civil dispute.

After some arguments, learned counsel for the applicant does not want to
press this application and the same may be dismissed as not pressed.

The instant application is dismissed as not pressed accordingly.

Office shall return the certified copy of the documents to the learned counsel
for the applicant, after retaining a xerox of the same.

September 17, 2026
T. Sinha
(Sanjay Kumar Pachori,J.)

Digitally signed by :-
TRIPTI SINHA
High Court of Judicature at Allahabad

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