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Allahabad High Court

SMT GULSHAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court allowed the withdrawal of the application and dismissed it as withdrawn with liberty to file afresh.

Summary

The applicants, Smt Gulshan and another, filed an application under Section 482 of the Code of Criminal Procedure seeking relief. They later informed the court that certain documents could not be annexed and essential facts could not be pleaded, and prayed that the application be dismissed as withdrawn with liberty to file a fresh one. The learned counsel for the applicants made this prayer before the Hon'ble Justice Chawan Prakash. The court examined the request and found no impediment to allowing the withdrawal. Consequently, the court accepted the prayer, dismissed the application as withdrawn, and granted liberty to re‑file. A certified copy of the impugned order was to be returned to the applicants' counsel after retaining a photostat copy.

Issues considered

  • Whether an application under Section 482 may be withdrawn and the applicant be permitted to file a fresh application

Subjects

  • Section 482
  • Criminal Procedure Code
  • withdrawal of application
  • procedural order
  • court discretion

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 482 No. - 8138 of 2024

                                    Smt Gulshan And Another
                                                                                               .....Applicant(s)
                                                                      Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Ram Prakash         Vishwakarma,      Sunil
                                                                    Srivastava
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 80
                                                       HON'BLE CHAWAN PRAKASH, J.

                                    1. Learned Counsel for the applicants comes up with a prayer that this
                                    application may be dismissed as withdrawn with liberty to file afresh,
                                    inasmuch as certain documents could not be annexed and certain essential
                                    facts could not be pleaded.

                                    2. The prayer is accepted.

                                    3. Accordingly, this application is dismissed as withdrawn with liberty to
                                    file afresh.

                                    4. Let certified copy of the impugned order be returned to the learned
                                    Counsel for the applicants upon retaining a photostat copy of the same duly
                                    attested by the learned Counsel.

                                    March 19, 2026
                                    Vijay                                               (Chawan Prakash,J.)




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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