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Allahabad High Court

KAPIL DEV AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as withdrawn.

Summary

The applicants filed an application under Section 528 of the BNSS before the Allahabad High Court. During the hearing, counsel for the applicants expressed a desire to withdraw the application. The State’s Additional Government Advocate raised no objection to the withdrawal. The court, having received consent from both parties, dismissed the application as withdrawn. Consequently, the certified copies of the documents and orders were ordered to be returned to the applicants.

Issues considered

  • Whether an application filed under Section 528 of the BNSS may be withdrawn at the instance of the applicant with the consent of the opposite party.

Legislation cited

Subjects

  • withdrawal of application
  • Section 528
  • BNSS
  • procedural law
  • High Court

Judgment

                                              HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 30124 of 2025

                                    Kapil Dev And 4 Others
                                                                                                   .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)                      :    Ashish Dwivedi
                                    Counsel for Opposite Party(s)                 :    Sumit Goyal, G.A.

                                    Court No. - 82
                                                           HON'BLE HARVIR SINGH, J.

                                    1. At the outset, learned counsel for the applicants submits that, he intends to
                                    withdraw the instant application, therefore, the same may be dismissed as
                                    withdrawn.

                                    2. Learned AGA for the State has no objection to the same.

                                    3. The instant application stands dismissed as withdrawn.

                                    4. Certified copy of the documents and orders of the Court etc. be returned to
                                    the applicants, as per rules.



                                                                                                (Harvir Singh,J.)
                                    September 9, 2026
                                    Mini




Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad


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