Allahabad High Court
BIRENDRA SINGHversusSTATE OF U.P. AND 6 OTHERS
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The application is dismissed as withdrawn with liberty to file a fresh petition.
Summary
The applicant, Birendra Singh, filed an application under Section 528 of the Code of Civil Procedure before the Allahabad High Court. After the matter was listed, counsel for the applicant sought to withdraw the application, requesting liberty to file a fresh petition. The court considered the request and, finding no objection, dismissed the pending application as withdrawn, granting the applicant liberty to file a fresh petition. The certified copy of the impugned judgment was to be returned to the applicant’s counsel after retaining a photocopy for the record. No substantive merits of the original application were addressed.
Issues considered
- What is the procedure for withdrawing an application filed under Section 528 of the Code of Civil Procedure?
- Does the court have the authority to dismiss the application as withdrawn while granting liberty to file a fresh petition?
Legislation cited
- Code of Civil Procedure, 1908 — s. 528
Subjects
- withdrawal of application
- Section 528
- Civil Procedure
- High Court order
- fresh petition
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38473 of 2026
Birendra Singh
.....Applicant(s)
Versus
State Of U.P. And 6 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Pankaj Sharma
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Pankaj Sharma, learned counsel for the applicant, learned
A.G.A. for the State and perused the record.
2. On the matter being taken up, learned counsel for the applicant submits
that he wants to withdraw the instant application with liberty to file fresh
petition as provided under the law. Therefore, the same may be dismissed
as withdrawn.
3. The instant application is, accordingly, dismissed as withdrawn with
liberty as aforesaid.
4. Certified copy of the impugned judgment and order shall be returned to
the learned counsel for the applicant after retaining a photocopy of the
same to be kept on record.
(Nand Prabha Shukla,J.)
September 14, 2026
Shivani Sri.
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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