NA528/41460/2026 of SHIVA @ SHIVAM KUSHWAHA Vs STATE OF U.P. AND 3 OTHERS on 6 October 2026

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 41460 of 2026 Court No. - 75 HON'BLE SANJAY KUMAR PACHORI, J. Sri Mangesh Verma, learned counsel for the applicant and Sri Abhishek Kumar, 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. 1373 of 2023, arising out of Case Crime No. 507 of 2023, under Sections 376, 506 of I.P.C. and Section 3/4 of POCSO Act, and Section 67 of I.T. Act, Police Station- Kotwali Hata, District- Kushinagar, as well as cognizance/ summoning order dated ......202. pending in the Court of Special Judge (POCSO Act), Court No. 1, 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 on advance stage. 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. October 7, 2026 Ishan Versus Counsel for Applicant(s) : Renu Sharma Counsel for Opposite Party(s) : G.A. (Sanjay Kumar Pachori,J.) Shiva @ Shivam Kushwaha .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad