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Allahabad High Court

ROMA JAISWAL @ ASHI JAISWALversusSTATE OF U.P. AND 8 OTHERS

Decided

Holding

The application is dismissed as withdrawn.

Summary

The applicant, Roma Jaiswal, filed an application under Section 528 of the Criminal Procedure Code before the Allahabad High Court. During the hearing, counsel for the applicant, Gopal Misra, expressed that the applicant no longer wished to pursue the application and sought to withdraw it. The court considered the counsel’s request and, finding no objection, allowed the withdrawal. Consequently, the application was dismissed as withdrawn, with liberty to file a fresh case if desired. The order was certified and a copy was to be returned to counsel after payment of standard charges.

Issues considered

  • Whether the application filed under Section 528 of the Criminal Procedure Code can be withdrawn by the applicant at the hearing?

Legislation cited

Subjects

  • Section 528
  • withdrawal of application
  • Criminal Procedure Code
  • Allahabad High Court
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 40087 of 2026

                                    Roma Jaiswal @ Ashi Jaiswal
                                                                                                   .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And 8 Others
                                                                                                      .....Opposite
                                                                                                            Party(s)

                                    Counsel for Applicant(s)                             :    Gopal Misra
                                    Counsel for Opposite Party(s)                        :    G.A.

                                    Court No. - 74
                                                          HON'BLE DEEPAK VERMA, J.

                                    1. Sri Rahul Verma, Advocate holding brief of Sri Gopal Misra, learned
                                    counsel for the applicant states that he does not want to press this application
                                    and, therefore, it may be dismissed as withdrawn with liberty to file fresh
                                    case.

                                    2. In view of aforesaid, the present application is dismissed as withdrawn,
                                    as aforesaid.

                                    3. Certified copy of the order be returned to learned counsel for the
                                    applicants after retaining xerox of the same on payment of usual charges.



                                                                                              (Deepak Verma,J.)
                                    September 29, 2026
                                    T.S.




Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad


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