Created by Fuzzy Cloud

Allahabad High Court

SONUversusSTATE OF U.P. AND 3 OTHERS

Decided

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The application is dismissed as withdrawn with liberty to file afresh.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 Counsel for the applicant requested that the application be dismissed as withdrawn, citing the inability to annex certain documents and to plead essential facts.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 Consequently, the court dismissed the application as withdrawn, granting the applicant liberty to file a fresh application.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  • Whether the application under Section 528 can be dismissed as withdrawn with liberty to refile due to lack of documents and pleading of facts.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

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                                    up with a prayer that this application may be dismissed as withdrawn with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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.