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Allahabad High Court

RAJU GUPTA AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court dismissed the application as withdrawn, granting liberty to file a fresh application.

Summary

The applicants filed an application under Section 528 of the Code of Criminal Procedure. Counsel for the applicants, Ajeet Kumar Madhesia, informed the Court that they no longer wished to pursue the application and sought its withdrawal. The Court considered the counsel's request and, finding no objection, dismissed the application as withdrawn, granting the applicants liberty to file a fresh application if desired. The Court also directed that the original documents be returned to the applicants' counsel, retaining only photocopies on record. The order was pronounced by Hon'ble Justice Chawan Prakash on 17 September 2026.

Issues considered

  • Whether the application under Section 528 may be dismissed as withdrawn at the request of the applicants?

Subjects

  • Section 528
  • withdrawal of application
  • high court
  • civil procedure

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 39509 of 2026

                                    Raju Gupta And 4 Others
                                                                                                 .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                     :   Ajeet Kumar Madhesia
                                    Counsel for Opposite Party(s)                :   G.A.

                                    Court No. - 83
                                                        HON'BLE CHAWAN PRAKASH, J.

                                    1. Sri Ajeet Kumar Madhesia, learned counsel for the applicants states
                                    that he does not want to press this application and it may be dismissed as
                                    withdrawn with liberty to file a fresh application.

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

                                    3. Office is directed to return the original documents to the learned
                                    counsel for the applicants after retaining the photostat copy of the same
                                    on record.



                                                                                            (Chawan Prakash,J.)
                                    September 17, 2026
                                    Rmk.




Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad


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