Allahabad High Court
JUNAID AHMAD AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application is dismissed as not pressed, with liberty to file a fresh petition.
Summary
The applicants filed an application under Section 528 of the Criminal Procedure Code seeking relief. The counsel for the applicants indicated that they no longer wish to pursue the application and requested its dismissal. The court accepted this position and dismissed the application as not pressed, granting the applicants liberty to file a fresh petition if they choose. The court also directed the return of any certified copies of the papers to the applicants' counsel. No substantive merits of the application were considered.
Issues considered
- Whether the application under Section 528 is pressed and should be entertained?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Criminal Procedure
- Section 528
- Application dismissed
- Liberty to refile
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 40539 of 2026
Junaid Ahmad And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Diwakar Shukla
Counsel for Opposite Party(s) : G.A.
Court No. - 83
HON'BLE CHAWAN PRAKASH, J.
1. Heard Sri Diwakar Shukla, learned counsel for the applicants and
learned AGA for the State.
2. Learned counsel for the applicants submits that the applicants do not
want to press this application hence it may be dismissed as not pressed
with liberty to file afresh.
3. As prayed, the application is dismissed as not pressed with liberty to
file fresh petition.
4. Office is directed to return certified copy of the papers, if any, to the
learned counsel for the applicants as per Rules of the Court.
(Chawan Prakash,J.)
September 23, 2026
Md Faisal
Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad
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