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Allahabad High Court

VED PRAKASH KAUSHIKversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as withdrawn, with liberty granted to the applicant to file a fresh petition.

Summary

The applicant, Ved Prakash Kaushik, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. The applicant, through counsel Anil Pratap Singh, sought to withdraw the application and requested liberty to file a fresh petition if needed. The court examined the record and the counsel’s submission. It allowed the withdrawal, dismissing the application as withdrawn while granting the applicant permission to file a fresh petition. The certified copy of the impugned judgment was to be returned to the applicant’s counsel after retaining a photocopy on record.

Issues considered

  • Whether an application filed under Section 528 CPC can be withdrawn by the applicant with liberty to file a fresh petition.

Legislation cited

Subjects

  • withdrawal of application
  • Section 528 CPC
  • fresh petition
  • procedural law
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 37027 of 2026

                                    Ved Prakash Kaushik
                                                                                                 .....Applicant(s)
                                                                       Versus
                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                      :   Anil Pratap Singh
                                    Counsel for Opposite Party(s)                 :   G.A.

                                    Court No. - 80
                                                     HON'BLE NAND PRABHA SHUKLA, J.

                                    1. Heard Mr. Anil Pratap Singh, learned counsel for the applicant, learned
                                    A.G.A. for the State and perused the record.

                                    2. On the matter being taken up, learned counsel for the applicant submits
                                    that he wants to withdraw the instant application with liberty to file fresh
                                    petition as provided under the law. Therefore, the same may be dismissed as
                                    withdrawn.

                                    3. The instant application is, accordingly, dismissed as withdrawn with
                                    liberty as aforesaid.

                                    4. Certified copy of the impugned judgment and order shall be returned to
                                    the learned counsel for the applicant after retaining a photocopy of the same
                                    to be kept on record.

                                    September 14, 2026
                                    Shivani Sri.
                                                                                      (Nand Prabha Shukla,J.)




Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad


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