Allahabad High Court
MANDHEER NISHAD AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
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The application is dismissed as withdrawn, with liberty to file a fresh petition.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 The court considered the request and, finding no objection, ordered the application to be dismissed as withdrawn, granting liberty to file a new petition.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- Whether an application filed under Section 528 CPC can be withdrawn with liberty to file a fresh petition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
- Code of Civil Procedure, 1908 — s. 528
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withdrawn.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 The instant application is, accordingly, dismissed as withdrawn with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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