Allahabad High Court
SMT GULSHAN AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
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The court allowed the withdrawal of the application and dismissed it as withdrawn with liberty to file afresh.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could not be annexed and essential facts could not be pleaded, and prayed that the application be dismissed as withdrawn with liberty to file a fresh one.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 Consequently, the court accepted the prayer, dismissed the application as withdrawn, and granted liberty to re‑file.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- Whether an application under Section 482 may be withdrawn and the applicant be permitted to file a fresh application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application may be dismissed as withdrawn with liberty to file afresh,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 Accordingly, this application is dismissed as withdrawn with liberty to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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