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2026 DAILYLAW 13801 (ALL)

MOHD. WARISH v. STATE OF U.P. AND 3 OTHERS

NA528/52369/2025 · 2026-10-07

Sanjay Kumar Pachori

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 52369 of 2025 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Pawankumar Dubey, learned counsel for the applicant, Shri Suresh Singh, learned counsel for the opposite party No.2 and Shri Tej Bhan Singh, learned A.G.A. for the State. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Special Case No. 2166 of 2025, arising out of Case Crime No. 213 of 2025, under Section 137(2), 65(1), 64(2)M, 87 of BNS & Section 3/4(2) and 5L/6 of POCSO Act, Police Station- Katra, District- Shahjahanpur as well as cognizance/summoning order dated 05.12.2025, pending in the Court of Special Judge, POCSO Act, Jhansi. Learned AGA pointed out that the date of birth of victim is 22.4.2011 and at the time of the incident, victim was 15 years old. After some arguments, learned counsel for the applicant does not want to press the present application. In view of above, the present application 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 applicants after retaining a photocopy of the same. Versus Counsel for Applicant(s) : Kuldeep Dwivedi, Om Narayan Pandey, Pawankumar Dubey Counsel for Opposite Party(s) : Ankit Kumar Singh, G.A., Ritesh Singh, Suresh Singh Mohd. Warish .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Interim order, if any, stands vacated. October 8, 2026 KJ NA528 No. 52369 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad