Allahabad High Court
RAJESH MADDHESHIYA AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAURABH SRIVASTAVA
Holding
The application is dismissed as not pressed.
Summary
The applicants, Rajesh Maddheshiya and five others, filed an application under Section 528 of the Code of Criminal Procedure. During the hearing, counsel for the applicants informed the court that they no longer wished to pursue the application. The counsel for the opposite party had no objection to the withdrawal. The court, noting the applicants' desire to withdraw, dismissed the application as not pressed. The court also directed the return of certified copies of the orders and documents to the applicants' counsel while retaining a photocopy on record.
Issues considered
- Whether the application filed under Section 528 CrPC should be entertained when the applicants express a desire to withdraw it
Legislation cited
- Code of Criminal Procedure — s. 528
Subjects
- Section 528 CrPC
- application withdrawal
- dismissal as not pressed
- high court procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 34548 of 2026
Rajesh Maddheshiya And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sandeep Kumar Tiwari
Counsel for Opposite Party(s) : Lal Behari Yadav, G.A.
Court No. - 79
HON'BLE SAURABH SRIVASTAVA, J.
1. At the very outset, Sri Sandeep Kumar Tiwari, learned counsel for
applicants submitted that applicants do not want to press this application
and as such, the same may be dismissed as not pressed to which Sri Lal
Behari Yadav, learned counsel appearing on behalf of opposite party no.2
has no objection.
2. Accordingly, this application is dismissed as not pressed.
3. Office is hereby directed to return the certified copies of
orders/documents appended with this application to learned counsel for
applicants forthwith after retaining photocopy of the same on record.
(Saurabh Srivastava,J.)
September 29, 2026
Vivek Kr.
Digitally signed by :-
VIVEK KUMAR
High Court of Judicature at Allahabad
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