HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37826 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Heard Shri Manoj Kumar Singh, Advocate, holding brief of Shri Martand Kumar, learned counsel for the applicant and Shri Alok Kumar 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 Session Trial No. 1012 of 2024, arising out of Case Crime No. 26 of 2024, under Section 376 of IPC and 67 of IT Act & Section 3/4 of POCSO Act, Police Station- Cholapur, District- Varanasi as well as cognizance/ summoning order dated 28.10.2024, pending in the Court of Special Judge, POCSO Act, IIIrd, Varanasi. Learned AGA pointed out that the date of birth of victim is 02.07.2006 as per High School Certificate and the incident taken place on 24.4.2024, therefore the victim was about 17 years, 8 months and 22 days old at the time of incident. 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 trial court. October 9, 2026 KJ Versus Counsel for Applicant(s) : Manoj Kumar Singh Counsel for Opposite Party(s) : G.A., Martand Kumar (Sanjay Kumar Pachori,J.) Vishal Kumar .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Digitally signed by :- KAMARJAHAN ANSARI High Court of Judicature at Allahabad