Allahabad High Court
DINESH PALversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- SANTOSH RAI
Holding
The appeal is dismissed as withdrawn.
Summary
The appellant Dinesh Pal filed a criminal appeal against the State of U.P. and three others, challenging an FIR that alleged offences under Sections 74, 352, 351(3) of the Indian Penal Code, the B.N.S., Sections 7 and 8 of the POCSO Act, and Sections 3(1)(w)(i) and 3(1)(s) of the SC/ST Act. During the hearing, counsel for the appellant sought to withdraw the appeal, stating an intention to file a separate application under Section 528 of the B.N.S. before the appropriate court. The court considered whether the appeal could be withdrawn at that stage. Finding no impediment, the court allowed the withdrawal and dismissed the appeal as withdrawn. The certified copy of the record was ordered to be returned as per procedural rules.
Issues considered
- Whether a criminal appeal may be withdrawn by the appellant after filing
Legislation cited
- B.N.S.
- Indian Penal Code — s. 351(3), 352, 74
- Protection of Children from Sexual Offences Act, 2012 — s. 7, 8
- Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989 — s. 3(1)(s), 3(1)(w)(i)
Subjects
- withdrawal of appeal
- criminal procedure
- section 528
- FIR
- appeal dismissed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
CRIMINAL APPEAL No. - 9219 of 2026
Dinesh Pal
.....Appellant(s)
Versus
State Of U.P. And 3 Others
.....Respondent(s)
Counsel for Appellant(s) : Agnivesh, Jadu Nandan Yadav
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. In the present case, the FIR has been registered under Sections 74, 352,
351(3), B.N.S., Section 7/8 POCSO Act and Sections 3(1)(w)(i), 3(1)(s)
SC/ST Act.
4. At the very outset, learned counsel for the appellant/applicant comes up
with the prayer to withdraw the present appeal on the ground that he
intends to file an application u/s 528 B.N.S.S. before the appropriate
Court.
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 Appeal is, accordingly, dismissed as withdrawn.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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