Allahabad High Court
AMIR HASANversusSTATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
- Decided
- Disposal
- DISMISSED AS NOT PRESSED
- Bench
- BRIJ RAJ SINGH
Holding
The court held that the application could not be withdrawn as it was not pressed with liberty to re‑file.
Summary
Amir Hasan filed an application under Section 482 of the Criminal Procedure Code seeking permission to withdraw the pending application and to re‑file it with proper pleadings and documents. The State of Uttar Pradesh, represented by the Principal Secretary Home, did not oppose the request. The applicant’s counsel prayed for liberty to withdraw and re‑file, but the court found that the application was not pressed with such liberty. Consequently, the High Court rejected the application, denying the request to withdraw and re‑file. The certified copy of the impugned order was to be returned to the applicant’s counsel with a photocopy retained on record.
Issues considered
- Whether an application filed under Section 482 can be withdrawn with liberty to re‑file afresh.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- withdrawal of application
- inherent powers of High Court
- criminal procedure
- re‑filing
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
LUCKNOW
APPLICATION U/S 482 No. - 10730 of 2025
Amir Hasan
.....Applicant(s)
Versus
State Of U.P. Thru. Prin. Secy. Home Lko. And
Another .....Opposite
Party(s)
Counsel for Applicant(s) : Anuj Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 16
HON'BLE BRIJ RAJ SINGH, J.
At the outset, learned Counsel for the applicant prays that he may be
permitted to withdraw the instant application with liberty to file the same
afresh with proper pleadings and documents in support thereof.
The prayer sought has not been opposed by learned A.G.A..
In view of the above, the instant application is rejected as not pressed with
the aforesaid liberty.
The certified copy of the impugned order or any other certified document
filed along with the application shall be returned to the learned Counsel
for the applicant by retaining a photocopy of the same on record.
(Brij Raj Singh,J.)
January 5, 2026
Mohit Singh/-
Digitally signed by :-
MOHIT SINGH
High Court of Judicature at Allahabad,
Lucknow Bench
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