Allahabad High Court
JITENDRA KUMARversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJAY KUMAR PACHORI
Holding
The application under Section 482 is dismissed as it was not pressed, with liberty to file a suitable application before a competent court.
Summary
Jitendra Kumar filed an application under Section 482 of the Code of Criminal Procedure seeking to quash the order dated 04.11.2024 of the Sessions Judge, Chandauli, which had affirmed the dismissal of his release application. The applicant's counsel initially argued the matter but later decided not to press the application. The High Court, noting that the application was not pressed, dismissed it, granting the applicant liberty to file an appropriate application before a competent court. Certified copies of the documents were ordered to be returned to the applicant's counsel. The order was pronounced on 18 May 2026.
Issues considered
- Whether the High Court should entertain the application under Section 482 to quash the Sessions Judge's order.
- Whether the applicant's withdrawal of the application affects the court's jurisdiction to dispose of it.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure
- Section 482
- Quash Order
- Release Application
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 43924 of 2024
Jitendra Kumar
.....Applicant(s)
Versus
State Of U.P. And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rajesh Singh Baish
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SANJAY KUMAR PACHORI, J.
Sri Rajesh Singh Baish, learned counsel for the applicant and Sri A.K.
Rai, learned A.G.A. for the State are present.
The present application u/s 528 of BNSS of 2023 has been filed with
prayer to quash the order dated 04.11.2024 passed by Sessions Judge,
Chandauli in Criminal Revision No. 125 of 2024, whereby Sessions
Judge, Chandauli affirmed the order dated 07.08.2024 passed by District
Magistrate, Chandauli, by which release application has been dismissed.
After some arguments, learned counsel for the applicant does not want to
press the present application.
In view of above, the present application u/s 528 of BNSS of 2023 is
dismissed as not pressed with liberty to file appropriate
application/proceedings before the court of competent jurisdiction.
Certified copies of the relevant documents be returned to learned counsel
for the applicant after retaining a photocopy of the same.
May 18, 2026
MAA/-
(Sanjay Kumar Pachori,J.)
Digitally signed by :-
MOHAMMAD AZAD ANSARI
High Court of Judicature at Allahabad
Checking your session…