Allahabad High Court
AVDHESH KUMAR AND 3 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application is dismissed as withdrawn, with liberty to file a fresh application.
Summary
The applicants, Avdhesh Kumar and three others, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. Their counsel, Pankaj Kumar Mishra, sought permission to withdraw the application, citing that the trial court had already proceeded to frame charges. The court considered the request and allowed the withdrawal, directing that the application be dismissed as withdrawn. The court also granted the applicants liberty to file a fresh application if they so desire. Finally, the court ordered the return of all certified copies to the applicants' counsel.
Issues considered
- Whether an application under Section 528 CrPC can be withdrawn after the trial court has framed charges
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Criminal Procedure
- Section 528
- withdrawal of application
- charge framing
- procedural dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 14246 of 2026
Avdhesh Kumar And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Kumar Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 77
HON'BLE SAURABH SRIVASTAVA, J.
1. Heard learned counsel for parties.
2. At the very outset, Sri Pankaj Kumar Mishra, learned counsel for the
applicants states that he may be permitted to withdraw the present
application with liberty to file fresh since subsequent orders in shape of
framing of charges has already been proceeded by learned trial court.
3. Accordingly, the instant application stands dismissed as withdrawn with
liberty as aforesaid.
4. Office is directed to return all the certified copies to the office of
learned counsel for applicants as per rules.
(Saurabh Srivastava,J.)
May 7, 2026
Shaswat
Digitally signed by :-
SHASWAT SINGH
High Court of Judicature at Allahabad
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