HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 2620 of 2026 Court No. - 80 HON'BLE VIVEK KUMAR SINGH, J. 1. Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record. 2. This application has been filed by the applicant to quash the entire proceedings of Case No. 3096 of 2017, State Versus Dilshad, arising out of Case Crime No. 1045 of 2016, under Sections 376, 493, 504, 506 and 323 I.P.C., Police Station Dhaghata, District Sant Kabir Nagar, pending in the court of learned Judicial Magistrate, Sant Kabir Nagar and the impugned charge sheet dated 6.5.2017 as well as cognizance/summoning order dated 13.7.2017. 3. It is submitted by learned counsel for the applicant that this is the second application under Section 528 BNSS, and the first application under Section 528 BNSS, No. 24706 of 2025, was filed and dismissed as withdrawn on 24.09.2025; a copy of the order dated 24.09.2025 has been appended as Annexure No. 3 to this affidavit. It is further submitted that prima facie no offence is made out against the applicant, considering the statement of the victim recorded under Sections 161 and 164 Cr.P.C. Therefore, the impugned charge sheet dated 06.05.2017, as well as the cognizance order dated 13.07.2017, including the entire proceedings, be quashed. 4. Per contra, learned A.G.A. has vehemently opposed the prayer and submitted that the charge sheet was submitted on 06.05.2017, and after nine years, the present application has been filed, and the laches has not been properly explained by the applicant in this application. A non-bailable Versus Counsel for Applicant(s) : Rupesh Kumar Singh Counsel for Opposite Party(s) : G.A. Dilshad Ahmad .....Applicant(s) State of U.P. and Another .....Opposite Party(s) warrant has been issued against the applicant, and proceedings under Sections 82 and 83 Cr.P.C. have been initiated, but he is not appearing before the trial court. His case was considered by the trial court, and the statement of the victim was recorded as PW-1 on 26.05.2022 in S.T. No. 44 of 2017 in another trial. Had the applicant appeared before the trial court, his trial would have been concluded by the trial court. The applicant is continuously absconding and is evading the process of law; therefore, no relief can be granted to the applicant. 5. Considering the facts of the present case, the charge sheet has been submitted in this case, and after nine years, proceedings against the applicant have been initiated under Sections 82 and 83 Cr.P.C. At this belated stage, no interference is warranted by this Court. The application lacks merit and deserves to be dismissed. 6. Accordingly, the present application under Section 528 BNSS is dismissed. April 20, 2026 Radhika NA528 No. 2620 of 2026 2 (Vivek Kumar Singh,J.) Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad