Allahabad High Court
KESHAR PRATAP PATELversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 is dismissed as withdrawn, with liberty to file a revision.
Summary
The applicant, Keshar Pratap Patel, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. Subsequently, his counsel sought to withdraw the application and requested that it be dismissed, with liberty to file a revision if needed. The Court entertained the request and dismissed the application as withdrawn, expressly granting permission to file a revision. It also directed the court office to return all certified copies annexed to the application to the applicant’s counsel, retaining xerox copies on record. No substantive merits of the original application were considered, as the withdrawal precluded further adjudication.
Issues considered
- Whether an application filed under Section 528 CrPC can be withdrawn by the applicant at the pleading stage
- Whether the court may dismiss the application as withdrawn and grant liberty to file a revision
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- withdrawal of application
- Section 528
- revision
- CrPC
- High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 37360 of 2026
Keshar Pratap Patel
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashok Kumar Pandey
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withdrawn with liberty to file revision.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
Checking your session…