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2026 DAILYLAW 5095 (ALL)

GYANENDRA @ CHHOTAI v. STATE OF U.P. AND 3 OTHERS

NA528/37778/2026 · 2026-09-08

Sanjay Kumar Pachori

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37778 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Shri Arvind Kumar Mishra, Advocate has filed Vakalatnama on behalf of the opposite party no. 2, which is taken on record. Shri Arunesh Kumar Singh, learned counsel for the applicant, Shri Puspraj Singh, learned brief holder for the State and Shri Arvind Kumar Mishra, learned counsel for the opposite party No. 2 are present. 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. 152 of 2022, arising out of case crime No. 348 of 2021, under Sections 363, 366, 376, I.P.C. and Section 5/6 of Protection of Children from Sexual Offences Act, Police Station- Kaptanganj, District Kushinagar as well as charge sheet dated 26.2.2022, pending in the court of Special Judge (POCSO Act), Kushinagar at Padrauna. Learned A.G.A. pointed out that statement of the victim has been recorded before the trial court and the trial is at advance stage. After some arguments, learned counsel for the applicant does not want to press this application and the same may be dismissed as not pressed. The instant application is dismissed as not pressed accordingly. Office shall return the certified copy of the documents to the learned counsel for the applicant, after retaining a xerox of the same. September 9, 2026 T. Sinha Versus Counsel for Applicant(s) : Arunesh Kumar Singh Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Pachori,J.) Gyanendra @ Chhotai .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- TRIPTI SINHA High Court of Judicature at Allahabad