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Allahabad High Court

PAWAN @ HIMANSHU DUBEYversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

The appeal was dismissed as withdrawn.

Summary

In Criminal Appeal No. 9201 of 2026 before the Allahabad High Court, the appellant Pawan @ Himanshu Dubey sought to withdraw the appeal, stating that an application under section 528 of the B.N.S.S. had already been filed against the impugned order in the appropriate court. The respondent's counsel had no objection to this request. The court accepted the withdrawal request and dismissed the appeal as withdrawn. No further substantive adjudication on the merits of the appeal was made. The certified copy of the order was to be returned as per procedural rules.

Issues considered

  • Whether an appeal can be withdrawn when an application under section 528 of the B.N.S.S. has been filed against the same order

Legislation cited

Subjects

  • appeal withdrawal
  • criminal procedure
  • section 528
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                        CRIMINAL APPEAL No. - 9201 of 2026

                                    Pawan @ Himanshu Dubey
                                                                                               .....Appellant(s)
                                                                         Versus

                                    State Of U.P. And 3 Others
                                                                                             .....Respondent(s)

                                    Counsel for Appellant(s)           : Adarsh Shukla, Siddharth Srivastava
                                    Counsel for Respondent(s)          : G.A.

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

                                    1. Vakalatnama filed, today in Court, on behalf of opposite party no.4 is
                                    taken on record.

                                    2. Learned counsel for the appellant/applicant, learned counsel for
                                    opposite party no.4 and learned AGA for the State are present.

                                    3. At the very outset, learned counsel for the appellant/applicant comes up
                                    with the prayer to withdraw the present appeal on the ground that an
                                    application u/s 528 B.N.S.S. has already been filed by the appellant
                                    against the impugned order before the appropriate Court.

                                    4. Learned counsel for opposite party no.2 submits that he has no
                                    objection and admits the assertion made by learned counsel for the
                                    appellant.

                                    5. Appeal is, accordingly, dismissed as withdrawn.

                                    6. Certified copy, if any, be returned as per rules.



                                                                                              (Santosh Rai,J.)
                                    September 14, 2026
                                    RA




Digitally signed by :-
RAZIQ ALI
High Court of Judicature at Allahabad


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