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Allahabad High Court

VIABHAV MISHRA AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as withdrawn.

Summary

The applicants, Viabhav Mishra and two others, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. During the hearing, counsel for the applicants informed the court that they no longer wished to pursue the application. The opposing party's counsel raised no objection to the withdrawal. The court accepted the applicants' request and dismissed the application as withdrawn. No substantive merits of the application were considered, and the matter was closed without further order.

Issues considered

  • Whether an application filed under Section 528 CrPC can be dismissed as withdrawn upon the applicants' request

Legislation cited

Subjects

  • Criminal Procedure
  • Section 528
  • Application withdrawal
  • High Court
  • Dismissal

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 16030 of 2026

                                    Viabhav Mishra And 2 Others
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)      : Navin Kumar Pandey
                                    Counsel for Opposite Party(s) : Ashish Kumar Mishra, Chandra
                                                                    Prakash Pandey, G.A., Mukesh Kumar
                                                                    Dwivedi, Saurabh Mishra

                                    Court No. - 77
                                                      HON'BLE SAURABH SRIVASTAVA, J.

                                    1. At the very outset, learned counsel for applicants submitted that
                                    applicants do not want to press this application and as such, the same may
                                    be dismissed as withdrawn to which learned AGA has no objection.

                                    2. Accordingly, this application is dismissed as withdrawn.



                                                                                       (Saurabh Srivastava,J.)
                                    May 6, 2026
                                    Vivek Kr.




Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad


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