Allahabad High Court
BHARTENDU YADAVversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
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The Court held that the application may be withdrawn and dismissed with liberty to file a fresh application.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 The Court, after noting the consent of the opposite party, dismissed the present application as withdrawn while granting liberty to file a fresh application.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- Whether an application filed under Section 528 CrPC may be withdrawn with liberty to file a fresh application.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
- Code of Criminal Procedure, 1973 — s. 528
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 Accordingly, the instant application stands dismissed as withdrawn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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