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Allahabad High Court

JITENDRA KUMARversusSTATE OF U.P. AND ANOTHER

Decided

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

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


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