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2026 DAILYLAW 9175 (ALL)

KULDEEP v. STATE OF U.P. AND 3 OTHERS

NA528/28073/2026 · 2026-09-22

Sanjay Kumar Pachori

body2026

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 28073 of 2026 Court No. - 77 HON'BLE SANJAY KUMAR PACHORI, J. Sri Praveen Kumar Srivastava, learned counsel for the applicant, Sri Arvind Kumar Sahu, learned counsel for the opposite party no. 2 and Sri Ashwani Kumar Rai, learned A.G.A. for the State are present. The present application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Special Case No. 1642 of 2025, arising out of Case Crime No. 478 of 2023, under Sections 363, 376(2)(N) of I.P.C. and Section 5I, 5J(ii)/6 of POCSO Act, Police Station- Dataganj, District- Budaun, as well as cognizance/ summoning order dated 05.08.2025 pending in the Court of Special Judge (POCSO Act), Budaun. Learned A.G.A. pointed out that case is pending for framing of charge against the applicant and the applicant has not surrendered before the trial court till today. After some arguments, learned counsel for the applicant does not want to press this application and wants liberty to file an appropriate application/ proceedings before the court of competent jurisdiction. Certified copy of the order may be returned to the learned counsel for the applicant after retaining a xerox thereof. In view of the above, the application is dismissed as not pressed with the aforesaid liberty. September 23, 2026 Ishan Versus Counsel for Applicant(s) : Praveen Kumar Srivastava Counsel for Opposite Party(s) : Arvind Kumar Sahu, G.A. (Sanjay Kumar Pachori,J.) Kuldeep .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad