Allahabad High Court
MOHAMMAD IRSHAD KHANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The application under Section 528 BNSS is dismissed as withdrawn.
Summary
The applicant, Mohammad Irshad Khan, filed an application under Section 528 of the BNSS seeking relief. During the hearing, counsel for the applicant expressed that he no longer wished to pursue the application and requested its withdrawal. The State’s Additional Government Advocate raised no objection to the withdrawal. The presiding judge considered the parties’ positions and found no reason to continue the proceeding. Consequently, the court dismissed the application as withdrawn, granting the applicant liberty to file a fresh application if desired. The order was pronounced on 14 September 2026.
Legislation cited
- BNSS — s. 528
Subjects
- withdrawal of application
- Section 528
- BNSS
- civil procedure
- high court order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37000 of 2026
Mohammad Irshad Khan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhai Singh, Virendra Singh
Counsel for Opposite Party(s) : G.A.
Court No. - 75
HON'BLE DR. GAUTAM CHOWDHARY, J.
1. At the very outset, learned counsel for the applicant submits that he
does not want to press the present application and it may be dismissed as
withdrawn with liberty to file better application.
2. Learned A.G.A. for the State has no objection.
3. In view of above, the present application filed under Section 528 BNSS
is dismissed as withdrawn at this stage, with the liberty as prayed for.
(Dr. Gautam Chowdhary,J.)
September 14, 2026
Mustaqeem.
Digitally signed by :-
MOHD MUSTAQEEM KHAN
High Court of Judicature at Allahabad
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