Allahabad High Court

ABHINAV RASTOGIversusSTATE OF U.P. AND ANOTHER

Decided: 8 September 2026
Bench: SANTOSH RAI

Holding

The appeal is dismissed as withdrawn, and the appellant is barred from refiling the same appeal.

Summary

Abhinav Rastogi filed a criminal appeal before the Allahabad High Court. The appellant's counsel, Vishal Kumar Singh, expressed a desire to withdraw the appeal. The court referred to a Supreme Court order in Deep Dixit & Anr. Vs. State of Madhya Pradesh & Ors., which allowed withdrawal of a criminal appeal via an interlocutory application. Relying on that precedent, the High Court dismissed the appeal as withdrawn, vacated the earlier stay order, and held that the appellant cannot re‑file the same appeal. No substantive merits of the original criminal matter were addressed.

Issues considered

Whether a criminal appeal can be withdrawn after filing and what procedural effect follows

Subjects

criminal appeal
withdrawal of appeal
precedent
stay order
res judicata

Judgment

         HIGH COURT OF JUDICATURE AT ALLAHABAD

                    CRIMINAL APPEAL No. - 4134 of 2026


Abhinav Rastogi
                                                                  .....Appellant(s)
                                        Versus

State of U.P. and Another
                                                                 .....Respondent(s)


Counsel for Appellant(s)                  :      Vishal Kumar Singh
Counsel for Respondent(s)                 :      G.A., Sanjay Kumar Sharma

Court No. - 93
                        HON'BLE SANTOSH RAI, J.

1. Shri Abhay Goswami, learned counsel for the appellant states that he
does not wants to press the appeal and prays for withdrawal of the same.

2. The Apex Court has passed the following order in Deep Dixit & Anr.
Vs. State of Madhya Pradesh & Ors. (Interlocutory Application
No.3247 of 2025 in Criminal Appeal No.4517 of 2024):

     "1. Heard learned counsel appearing on behalf of the Appellant.

     2. Learned counsel for the appellant seeks to withdraw the Criminal
     Appeal by filing the present Interlocutory Application No. 3247 of 2025.
     The said application is allowed.

     3. The Criminal Appeal is dismissed as withdrawn.

     4. Pending applications, if any, shall stand disposed of.

     5. In view of the dismissal of this Appeal, the stay order granted by this
     Court dated 07.11.2023, shall also stand vacated."

3. The instant appeal is, accordingly, dismissed as withdrawn in light of
the judgment of Hon'ble Supreme Court in case of Deep Dixit (supra).

4. The appellant will have no right to file appeal again on the same
ground against the impugned order dated 04.12.2025 passed by the trial
                                                            CRLA No. 4134 of 2026
                                                        2

                                    court concerned.


                                                               (Santosh Rai,J.)
                                    September 9, 2026
                                    Ankit.




Digitally signed by :-
ANKIT VISHWAKARMA
High Court of Judicature at Allahabad

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