HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 39640 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Shri I.K. Chaturvedi, learned Senior Counsel assisted by Shri Hemendra Pratap Singh, learned counsel for the applicant and Sri Tej Bhan Singh, learned A.G.A. for the State are present. The present application under Section 528 of Bhartiya Nagrik Suraksha Sanhita, 2023 has been filed to quash the order dated 8.9.2026 passed by Additional Sessions Judge/F.T.C. No. 1, Varanasi in Session Trial No. 277 of 2025, arising out of case crime No. 421 of 2024, under Sections 376(2)(n), 328, 506 of I.P.C., Police Station Shivpur, District Varanasi, whereby an application under Section 94, BNSS has been rejected. Learned Senior counsel fairly admits that the statements of two fact witnesses including the victim have been recorded in the trial court. He also admits that this is a case of illegal detention prior to lodging of F.I.R. 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/proceedings before the court of competent jurisdiction. Office shall return the certified copy of the order to the learned counsel for the applicant, after retaining a xerox of the same. October 8, 2026 T. Sinha Versus Counsel for Applicant(s) : Ashok Kumar Singh, Hemendra Pratap Singh Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Pachori,J.) Chandra Bhooshan Singh .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad