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Allahabad High Court

BHARTENDU YADAVversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that the application may be withdrawn and dismissed with liberty to file a fresh application.

Summary

The applicant, Bhartendu Yadav, had filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. Subsequently, the applicant sought permission to withdraw that application and to file a fresh one. The learned Additional Government Advocate (A.G.A.) representing the State of U.P. raised no objection to the withdrawal. The Court, after noting the consent of the opposite party, dismissed the present application as withdrawn while granting liberty to file a fresh application. The order also directed that any certified copy, if produced, be returned to the applicant’s counsel after retaining a photocopy on record.

Issues considered

  • Whether an application filed under Section 528 CrPC may be withdrawn with liberty to file a fresh application.

Legislation cited

Subjects

  • withdrawal of application
  • Section 528
  • Criminal Procedure
  • fresh filing

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                 APPLICATION U/S 528 BNSS No. - 39807 of 2026



                                        Bhartendu Yadav
                                                                                                    .....Applicant(s)
                                                                        Versus
                                        State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                        Counsel for Applicant(s)           :   Indra Deo Mishra, Santosh
                                                                               Kumar Pandey, Shushil Kumar
                                                                               Mishra
                                        Counsel for Opposite Party(s)      :   G.A.

                                        Court No. - 74


                                                          HON'BLE DEEPAK VERMA, J.

                                        1. Learned counsel for the applicant submits that he may be permitted to
                                        withdraw the present application with liberty to file a fresh.

                                        2. Learned A.G.A. has no objection to the prayer so made.


                                        3. Accordingly, the instant application stands dismissed as withdrawn
                                        with liberty to file a fresh.


                                        4. Certified copy, if any, may be returned to counsel for the applicant
                                        after retaining photocopy of the same on record.


                                        September 18, 2026
                                        SKD
                                                                                            (Deepak Verma,J.)




Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad


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