Allahabad High Court
MAHENDRA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- VIKRAM D CHAUHAN
Holding
The Court dismissed the application as withdrawn, granting the applicant liberty to challenge the sanction order before a Division Bench.
Summary
Mahendra Singh filed an application under Section 528 of the Criminal Procedure Code challenging the order of sanction in a criminal case. The applicant, through counsel Santosh Yadav, sought permission to withdraw the application while reserving the right to contest the sanction order before a Division Bench of the High Court. The respondent State of U.P., represented by G.A., opposed the withdrawal. The learned Judge considered whether the withdrawal could be allowed without prejudice to the applicant’s future challenge. The Court permitted the withdrawal and dismissed the present application, granting the applicant liberty to raise the sanction issue before a Division Bench. The order was dated 11 September 2026.
Issues considered
- Whether an application under Section 528 CrPC can be withdrawn with liberty to challenge the sanction order later
- Whether the Court can grant such liberty without deciding the merits of the sanction order
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- CrPC 528
- sanction order
- withdrawal of application
- high court procedure
- division bench
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38272 of 2026
Mahendra Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Santosh Yadav
Counsel for Opposite Party(s) : G.A.
Court No. - 55
HON'BLE VIKRAM D. CHAUHAN, J.
1. After some argument, learned counsel for the applicant submits that he
may be permitted to withdraw the present application with liberty to
challenge the sanction order before the Division Bench of this Court.
2. Accordingly, the present application is dismissed as withdrawn with the
aforesaid liberty.
(Vikram D. Chauhan,J.)
September 11, 2026
VMA
Digitally signed by :-
VISHWA MOHAN ARORA
High Court of Judicature at Allahabad
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