Allahabad High Court
SHYAM SINGH YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SANJIV KUMAR
Holding
The Court dismissed the application as withdrawn, granting liberty to file a fresh application.
Summary
The applicant, Shyam Singh Yadav, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. Counsel for the applicant later expressed a desire to withdraw the application and sought liberty to file a fresh one with better particulars. The Court considered the request and allowed the withdrawal of the pending application. Consequently, the application was dismissed as withdrawn, and the Court granted liberty to file a fresh application if desired. The certified copies of the documents were ordered to be returned to the applicant's counsel.
Issues considered
- Whether an application filed under Section 528 CrPC can be withdrawn at the applicant's request.
- Whether the Court should grant liberty to file a fresh application after withdrawal.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Criminal Procedure
- Section 528
- Application withdrawal
- High Court
- Procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 32190 of 2025
Shyam Singh Yadav
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Satyam Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE SANJIV KUMAR, J.
At the very outset, Mr. Satyam Singh, learned counsel for the applicant has
submitted that he does not want to press this application and seeks to
withdraw it with liberty to file fresh application with better particulars.
In view of the above statement, the instant application is dismissed as
withdrawn with the aforesaid liberty.
Certified copy of the documents be returned to learned counsel for the
applicants as per Rules.
(Sanjiv Kumar,J.)
April 29, 2026
Subham
Digitally signed by :-
SUBHAM KUSHWAHA
High Court of Judicature at Allahabad
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