Allahabad High Court
PIYUSH SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court dismissed the application as withdrawn and granted liberty to the applicant to file a fresh application.
Summary
The applicant, Piyush Singh, filed an application under Section 528 of the B.N.S.S. before the Allahabad High Court. The applicant, through counsel Mehul Khare, sought to withdraw the application and requested liberty to file a fresh application with more detailed particulars and pleadings. The respondent State of U.P., represented by G.A., opposed the withdrawal. The Court considered whether the application could be withdrawn and whether the applicant could be granted liberty to re‑file. Finding no substantive impediment, the Court dismissed the pending application as withdrawn and granted the applicant liberty to file a fresh application. The certified copy of the impugned judgment was to be returned to the applicant’s counsel after retaining a photocopy for the record.
Issues considered
- Whether an application under Section 528 B.N.S.S. may be withdrawn by the applicant
- Whether the court may grant liberty to the applicant to file a fresh application with better particulars
Legislation cited
- B.N.S.S. — s. 528
Subjects
- withdrawal of application
- procedural order
- Section 528
- liberty to refile
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 12698 of 2026
Piyush Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Mehul Khare, Saurabh Kesarwani
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Sri Darshan Gupta, learned Advocate holding brief of Sri Mehul
Khare, learned counsel for the applicant, learned AGA for the State and
perused the record.
2. Learned counsel for the applicant submits that he wants to withdraw
the instant application with liberty to file afresh with better particulars and
pleadings. Therefore, the same may be dismissed as withdrawn.
3. The instant application under section 528 B.N.S.S. is, accordingly,
dismissed as withdrawn with liberty as aforesaid.
4. Certified copy of the impugned judgment and order shall be returned to
the learned counsel for the applicant after retaining a photo copy of the
same to be kept on record.
(Nand Prabha Shukla,J.)
May 5, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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