Created by Fuzzy Cloud

Allahabad High Court

NARESH BABOOversusSTATE OF U.P. AND 2 OTHERS

Decided

Holding

The application is dismissed as withdrawn, with liberty to file afresh.

Summary

The applicant filed an application under Section 528 of the Criminal Procedure Code seeking relief. The applicant later informed the court that he no longer wished to pursue the application and requested its withdrawal, asking for liberty to file a fresh application if needed. The court considered the applicant’s request and, finding no objection, dismissed the application as withdrawn while granting the liberty to re‑file. The court also ordered that the certified copy of the FIR/order sheet be returned to the applicant after retaining a photographic copy on record. No substantive merits of the original application were examined.

Issues considered

  • Whether the application under Section 528 of the CrPC may be withdrawn at the applicant’s request?

Legislation cited

Subjects

  • withdrawal of application
  • Section 528
  • Criminal Procedure Code
  • High Court of Allahabad

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 37663 of 2026

                                    Naresh Baboo
                                                                                                  .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 2 Others
                                                                                                        .....Opposite
                                                                                                              Party(s)

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

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

                                    1. Learned counsel for the applicant states that he does not want to press this
                                    application and prays that the same may be dismissed as withdrawn with
                                    liberty to file afresh.

                                    2. In view of the above, the application is dismissed as withdrawn with
                                    aforesaid liberty.

                                    3. Certified copy of the F.I.R./order sheet be returned to the applicant as per
                                    rule after retaining a photo-stat copy of the same on the record.



                                                                                              (Deepak Verma,J.)
                                    September 9, 2026
                                    Meenu Singh




Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.