Allahabad High Court
MUKHTIYAR AND OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application under section 528 B.N.S.S. is dismissed as withdrawn, with liberty to re‑file.
Summary
The applicants, Mukhtiyar and others, filed an application under section 528 of the B.N.S.S. seeking relief. Their counsel later requested to withdraw the application, seeking liberty to re‑file with better particulars. The Hon'ble Justice Nand Prabha Shukla dismissed the application as withdrawn, granting the liberty to re‑file. The court ordered that a certified copy of the impugned judgment be returned to the applicants' counsel while retaining a photocopy for the record. No substantive merits of the original application were considered.
Issues considered
- Whether an application under section 528 B.N.S.S. can be withdrawn with liberty to re‑file
Legislation cited
- B.N.S.S. — s. 528
Subjects
- withdrawal of application
- section 528
- B.N.S.S.
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 19345 of 2026
Mukhtiyar And Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manish Kumar Kashyap, Virendra Pal
Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. At the very outset, learned counsel for the applicants submits that he
wants to withdraw the instant application with liberty to file afresh with
better particulars and pleadings. Therefore, the same may be dismissed as
withdrawn.
2. The instant application under section 528 B.N.S.S. is, accordingly,
dismissed as withdrawn with liberty as aforesaid.
3. Certified copy of the impugned judgment and order shall be returned to
the learned counsel for the applicants after retaining a photo copy of the
same to be kept on record.
(Nand Prabha Shukla,J.)
September 9, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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