Allahabad High Court
SONUversusSTATE OF U.P. AND 3 OTHERS
- Decided
- Bench
- CHAWAN PRAKASH
Holding
The application is dismissed as withdrawn with liberty to file afresh.
Summary
The applicant, Sonu, filed an application under Section 528 of the Criminal Procedure Code seeking relief. Counsel for the applicant requested that the application be dismissed as withdrawn, citing the inability to annex certain documents and to plead essential facts. The court considered the prayer and found no impediment to allowing the withdrawal. Consequently, the court dismissed the application as withdrawn, granting the applicant liberty to file a fresh application. The certified copy of the impugned order was to be returned to the applicant's counsel after retaining an attested photostat.
Issues considered
- Whether the application under Section 528 can be dismissed as withdrawn with liberty to refile due to lack of documents and pleading of facts.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Criminal Procedure
- Section 528
- withdrawal of application
- procedural dismissal
- Allahabad High Court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 4094 of 2026
Sonu
.....Applicant(s)
Versus
State Of U.P. And 3 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Ramesh Kumar Pandey
Counsel for Opposite Party(s) : G.A.
Court No. - 80
HON'BLE CHAWAN PRAKASH, J.
1. Learned Counsel for the applicant Mr. Ramesh Kumar Pandey comes
up with a prayer that this application may be dismissed as withdrawn with
liberty to file afresh, inasmuch as certain documents could not be annexed
and certain essential facts could not be pleaded.
2. The prayer is accepted.
3. Accordingly, this application is dismissed as withdrawn with liberty
to file afresh.
4. Let certified copy of the impugned order be returned to the learned
Counsel for the applicants upon retaining a photostat copy of the same
duly attested by the learned Counsel.
(Chawan Prakash,J.)
March 19, 2026
Vijay
Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad
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