Allahabad High Court
NARESH BABOOversusSTATE OF U.P. AND 2 OTHERS
- Decided
- Bench
- DEEPAK VERMA
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The application is dismissed as withdrawn, with liberty to file afresh.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 The court considered the applicant’s request and, finding no objection, dismissed the application as withdrawn while granting the liberty to re‑file.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- Whether the application under Section 528 of the CrPC may be withdrawn at the applicant’s request?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
- Code of Criminal Procedure, 1973 — s. 528
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application and prays that the same may be dismissed as withdrawn with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 In view of the above, the application is dismissed as withdrawn with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
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