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Allahabad High Court

MANDHEER NISHAD AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as withdrawn, with liberty to file a fresh petition.

Summary

The applicants, Mandheer Nishad and six others, filed an application under Section 528 of the Code of Civil Procedure before the Allahabad High Court. During the hearing, counsel for the applicants expressed a desire to withdraw the application while retaining the right to file a fresh petition. The court considered the request and, finding no objection, ordered the application to be dismissed as withdrawn, granting liberty to file a new petition. The judgment and order were to be returned to the applicants' counsel after a photocopy was retained on record. No substantive merits of the original application were adjudicated.

Issues considered

  • Whether an application filed under Section 528 CPC can be withdrawn with liberty to file a fresh petition

Legislation cited

Subjects

  • withdrawal of application
  • Section 528
  • civil procedure
  • fresh petition
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 14892 of 2026

                                    Mandheer Nishad And 6 Others
                                                                                                  .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                     .....Opposite
                                                                                                           Party(s)

                                    Counsel for Applicant(s)      : Vikas Kumar Yadav, Virendra Kumar
                                                                    Maurya
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 78
                                                     HON'BLE NAND PRABHA SHUKLA, J.

                                    1. Heard Mr. Rishi Kumar Prajapati, holding brief of Mr. Virendra Kumar
                                    Maurya, learned counsel for the applicants, learned A.G.A. for the State and
                                    perused the record.

                                    2. On the matter being taken up, learned counsel for the applicants submits
                                    that he wants to withdraw the instant application with liberty to file fresh
                                    petition as provided under law. Therefore, the same may be dismissed as
                                    withdrawn.

                                    3. The instant application 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 applicants after retaining a photocopy of the same
                                    to be kept on record.

                                    May 5, 2026
                                    Shivani Sri.
                                                                                      (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad


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