Allahabad High Court
AWADHESH ALIAS AWADHLAL ALIAS KAMLESHWAR AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The withdrawal application is dismissed as withdrawn with liberty to file a fresh petition.
Summary
The applicants filed an application under Section 528 of the BNSS seeking relief, and subsequently moved a withdrawal application stating they wished to withdraw the pending petition and retain the liberty to file a fresh one. The court examined the record and the counsel’s submissions. It held that the withdrawal application was misconceived and therefore could not be entertained as filed. Consequently, the court dismissed the withdrawal application as withdrawn, granting the applicants liberty to file a fresh petition if they choose. The certified copy of the impugned judgment was to be returned to the applicants’ counsel after retaining a photocopy on record.
Issues considered
- Whether the withdrawal application filed under Section 528 BNSS can be dismissed as withdrawn while granting liberty to file a fresh petition
Legislation cited
- Bihar Negotiable Instruments Act — s. 528
Subjects
- withdrawal application
- Section 528
- procedural dismissal
- liberty to file fresh petition
- High Court of Allahabad
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 38986 of 2025
Awadhesh Alias Awadhlal Alias Kamleshwar And
Another .....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shri Prakash Dwivedi
Counsel for Opposite Party(s) : G.A.
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
Order on Criminal Misc. Withdrawal Application No. 01 of 2026
1. Heard learned counsel for the applicants, learned A.G.A. for the State and
perused the record.
2. Learned counsel for the applicants has filed the Withdrawal Application
which is misconceived and is rejected.
Order on application u/s 528 BNSS
3. On the matter being taken up, learned counsel for the applicants submits
that he wants to withdraw the instant application with liberty to file fresh
petition as provided under law. Therefore, the same may be dismissed as
withdrawn.
4. The instant application is, accordingly, dismissed as withdrawn with
liberty as aforesaid.
5. Certified copy of the impugned judgment and order shall be returned to
the learned counsel for the applicants after retaining a photocopy of the same
to be kept on record.
April 2, 2026
Shivani
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
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