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Allahabad High Court

JAGDEESHversusSTATE OF U.P. AND 3 OTHERS

Decided

Holding

An application under Section 528 may be withdrawn at the applicant's request, and the court may dismiss it as withdrawn while granting liberty to file a revision.

Summary

The applicant, Jagdeesh, filed an application under Section 528 of the Code of Criminal Procedure seeking relief. Subsequently, the applicant's counsel requested that the application be withdrawn. The High Court considered the request and allowed the withdrawal. The court dismissed the Section 528 application as withdrawn and granted the applicant liberty to file a revision if desired. It also directed the return of all certified copies annexed to the application, retaining xerox copies on record.

Issues considered

  • Whether an application filed under Section 528 CrPC can be withdrawn at the applicant's request

Legislation cited

Subjects

  • Section 528
  • Criminal Procedure
  • withdrawal of application
  • bail
  • revision

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 37320 of 2026

                                    Jagdeesh
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 3 Others
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                         :   Mohd. Ashraf
                                    Counsel for Opposite Party(s)                    :   G.A.

                                    Court No. - 74
                                                          HON'BLE DEEPAK VERMA, J.

                                    1. Learned counsel for the applicant submitted that he wants to withdraw
                                    this application and the same may be dismissed with liberty to file
                                    revision.

                                    2. Accordingly, the present 528 BNSS application is dismissed as
                                    withdrawn with liberty to file revision.

                                    3. Office is directed to return all the certified copies annexed with this
                                    application to the applicant's counsel after retaining xerox of the same on
                                    record.



                                                                                           (Deepak Verma,J.)
                                    September 8, 2026
                                    Nitin Verma




Digitally signed by :-
NITIN KUMAR VERMA
High Court of Judicature at Allahabad


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