Allahabad High Court
NOOR MOHAMMADversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 is dismissed as withdrawn, with liberty to the applicant to avail any other remedy.
Summary
The applicant, Noor Mohammad, filed an application under Section 528 of the Criminal Procedure Code seeking bail. The counsel for the applicant sought to withdraw the application, relying on the precedent set in Dinesh Kumar Yadav v. State of U.P. and Another (2017 AIR All 29). The High Court examined whether the withdrawal was permissible in light of the earlier judgment. The Court allowed the withdrawal, dismissing the application as withdrawn and granting the applicant liberty to pursue any other remedy available. The certified copy of the FIR/order sheet was ordered to be returned to the applicant after retaining a photocopy on record.
Issues considered
- Whether an application under Section 528 CrPC can be withdrawn after a precedent judgment has been cited.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- bail
- Section 528 CrPC
- withdrawal of application
- criminal procedure
- precedent
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 18476 of 2026
Noor Mohammad
.....Applicant(s)
Versus
State Of U.P. And 2 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ram Prasad Dubey
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Counsel for the applicant is permitted to withdraw the application to avail
the remedy available to him in view of the judgment passed by this Court in
Dinesh Kumar Yadav Vs. State of U.P. and Another 2017 AIR (All) 29.
2. Accordingly, the application is dismissed as withdrawn with liberty to
avail the remedy available to him.
3. Certified copy of the F.I.R./order sheet be returned to the applicant as per
rule after retaining a photo-stat copy of the same on the record.
(Deepak Verma,J.)
May 5, 2026
SKD
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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