Allahabad High Court
ATUL SHARMA AND 6 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application under Section 528 CrPC is dismissed as not pressed.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code (BNSS No. 40156 of 2026) seeking relief. They had previously filed an application under Section 482 CrPC (No. 22081 of 2011), which was disposed of on 12 July 2011. Counsel for the applicants informed the court that they no longer wished to pursue the current application. The court therefore dismissed the application as not pressed. It directed the trial court to continue with the main case in accordance with law and ordered the registrar to forward the order to the trial court.
Issues considered
- Whether an application under Section 528 CrPC can be dismissed when the applicant expressly states it is not pressed
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482, 528
Subjects
- Criminal Procedure
- Section 528
- Section 482
- Application dismissed
- Not pressed
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40156 of 2026
Atul Sharma And 6 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Shashi Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. At the very outset, Sri Shashi Kumar Tiwari, learned counsel for the
applicants states that the applicants had already filed an application under
Section 482 Cr.P.C. No. 22081 of 2011 before this Court, which was
disposed of vide order dated 12.07.2011. He further states that he does not
want to press this application and it may be dismissed as not pressed.
2. In view of the above statement, this application is dismissed as not
pressed.
3. The learned trial court concerned is directed to proceed with the case in
accordance with law.
4. Registrar (Compliance) is directed to send a copy of this order to the
trial court concerned for necessary compliance within 48 hours.
(Chawan Prakash,J.)
September 29, 2026
Rmk.
Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad
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