Allahabad High Court
UKTESHWAR ADITAY SINGH PARIHAR @ YOGI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
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The application under Section 528 is dismissed as withdrawn.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 The court entertained the request and dismissed the application as withdrawn, granting the liberty sought.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 No substantive merits of the application were considered as it was withdrawn.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- Whether an application under Section 528 of the CrPC can be withdrawn by the applicant during the pendency of the proceedings?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
- Code of Criminal Procedure, 1973 — s. 528
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 The instant application is, accordingly, dismissed as withdrawn with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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