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Allahabad High Court

MUJAHID HUSSAIN AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court dismissed the application as withdrawn, allowing the applicants to retract their petition.

Summary

The applicants, Mujahid Hussain and another, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. During the hearing, counsel for the applicants expressed a desire to withdraw the application. The State's counsel raised no objection to the withdrawal. The learned Additional Government Advocate concurred with the applicants' request. Consequently, the Court dismissed the application as withdrawn on 7 May 2026.

Issues considered

  • Whether an application filed under Section 528 CrPC can be withdrawn by the applicant during pendency of the proceedings

Legislation cited

Subjects

  • withdrawal of application
  • Section 528
  • Criminal Procedure Code
  • High Court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 10477 of 2026

                                    Mujahid Hussain And Another
                                                                                                 .....Applicant(s)
                                                                      Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Mohd Ismail Khan, Shiv Sagar Singh
                                    Counsel for Opposite Party(s) : G.A., Kavita Kala, Sudhir Kumar Mishra

                                    Court No. - 83
                                                         HON'BLE SANJIV KUMAR, J.

                                    1. Shri Mayank Upadhyay, Advocate holding brief of Shri Shiv Sagar Singh,
                                    learned Counsel for the applicants, and Shri Umesh Kumar, learned State
                                    Law Officer on behalf of the State are present.

                                    2. Learned Counsel for the applicants has submitted that he does not want to
                                    press this application and wants to withdraw it.

                                    3. Learned AGA has no objection to the aforesaid prayer made by learned
                                    counsel for the applicants.

                                    4. In view of the above, the instant application is dismissed as withdrawn.

                                    May 7, 2026
                                    AdityaG
                                                                                             (Sanjiv Kumar,J.)




Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad


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