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Allahabad High Court

UKTESHWAR ADITAY SINGH PARIHAR @ YOGI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 528 is dismissed as withdrawn.

Summary

The applicants filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. During the hearing, counsel for the applicants expressed a desire to withdraw the application while seeking liberty to pursue any other appropriate legal remedy. The court entertained the request and dismissed the application as withdrawn, granting the liberty sought. A certified copy of the impugned judgment and order was to be returned to the applicants' counsel, with a photocopy retained on record. No substantive merits of the application were considered as it was withdrawn.

Issues considered

  • Whether an application under Section 528 of the CrPC can be withdrawn by the applicant during the pendency of the proceedings?

Legislation cited

Subjects

  • Section 528
  • withdrawal of application
  • Criminal Procedure Code
  • court procedure

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 16299 of 2026


                                    Ukteshwar Aditay Singh Parihar @ Yogi And 2
                                    Others                                                     .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                 :   Krishna Kumar Shukla
                                    Counsel for Opposite Party(s)            :   Ajatshatru Pandey, G.A.

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

                                    1. Heard Sri Krishna Kumar Shukla, learned counsel for the applicants,
                                    Sri Ajatshtru Pandey, learned counsel for opposite party no.2, learned
                                    A.G.A. for the State and perused the record.

                                    2. At the very outset, learned counsel for the applicants submits that he
                                    wants to withdraw the present application, however, seeks liberty to
                                    pursue appropriate remedy provided under the law.

                                    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.



                                                                                      (Nand Prabha Shukla,J.)
                                    May 6, 2026
                                    Puspendra




Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad


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