Allahabad High Court

SMT. PARUL SINGHversusSTATE OF U.P. AND ANOTHER

Decided: 5 May 2026
Bench: DEEPAK VERMA

Holding

The application is dismissed as withdrawn, with liberty to file an appeal under Section 528 CrPC.

Summary

The applicant, Smt. Parul Singh, filed an application under Section 528 of the Criminal Procedure Code challenging an order dated 04.03.2020 that discharged/acquitted the accused. The High Court noted that the applicant has a statutory remedy to contest the discharge by filing an appeal. No substantive arguments or evidence were presented in the application. Consequently, the Court dismissed the application as withdrawn, granting the applicant liberty to file the appropriate appeal. The Court also directed the return of certified copies to the applicant's counsel after retaining xerox copies on record.

Issues considered

What is the appropriate remedy for a party aggrieved by an order of discharge or acquittal under Section 528 CrPC?
Whether the application filed under Section 528 is maintainable in the High Court.

Legislation cited

Code of Criminal Procedure, 1973 — s. 528

Subjects

Criminal Procedure
Section 528
Appeal
Discharge
Acquittal
High Court

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 18596 of 2026

                                    Smt. Parul Singh
                                                                                               .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)      : Pranshu       Dwivedi,    Ram       Prakash
                                                                    Dwivedi
                                    Counsel for Opposite Party(s) : G.A.

                                    Court No. - 74
                                                          HON'BLE DEEPAK VERMA, J.

                                    This petition has been filed against the order dated 04.03.2020 by which
                                    on the application of applicant/complainant, accused person has been
                                    discharged/acquitted.

                                    Applicant has remedy to challenge the order dated 04.03.2020 by way of
                                    filing appeal.

                                    In view of the above, the present application is dismissed as withdrawn
                                    with liberty to file appeal.

                                    Office is directed to return all the certified copies annexed with this
                                    application to the applicant's counsel after retaining xerox of the same on
                                    record.



                                                                                           (Deepak Verma,J.)
                                    May 6, 2026
                                    Nitin Verma




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

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