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Allahabad High Court

DINESH PALversusSTATE OF U.P. AND 3 OTHERS

Decided

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The appeal is dismissed as withdrawn.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 The court considered whether the appeal could be withdrawn at that stage. Finding no impediment, the court allowed the withdrawal and dismissed the appeal as withdrawn.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  • Whether a criminal appeal may be withdrawn by the appellant after filing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

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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