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2025 DAILYLAW 2922 (ALL)

NIKHIL v. STATE OF U.P. AND 3 OTHERS

NA528/34729/2025 · 2026-05-06

Sanjay Kumar Pachori

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34729 of 2025 Court No. - 76 HON'BLE SANJAY KUMAR PACHORI, J. Sri Anil Kumar Mishra, learned counsel for the applicant, Shri A.K. Rai, learned A.G.A. for the State, Shri Akash Kumar Verma, learned counsel for opposite party No. 2 and perused the material on record. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed by the applicant to quash the entire proceedings of Special Case No. 249 of 2025, arising out of case crime No. 309 of 2025, under Sections 74, 351(3), B.N.S. and Section 7/8 of Protection of Children from Sexual Offences Act, Police Station- Gulriha, District Gorakhpur as well as cognizance/summoning order dated 18.7.2025, pending in the court of Juvenile Justice Board, Gorakhpur. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file appropriate application/proceedings before the court of competent jurisdiction. The instant application is dismissed as not pressed with liberty to file appropriate application/bail application under Section 12 of Juvenile Justice (Care and Protection of Children) Act/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the documents to the learned counsel for the applicant, after retaining a xerox of the same. May 7, 2026 T. Sinha Versus Counsel for Applicant(s) : Anil Kumar Mishra, Rajshekhar Pandey Counsel for Opposite Party(s) : Abhay Kumar, Akash Kumar Verma, G.A. (Sanjay Kumar Pachori,J.) Nikhil .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad