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Allahabad High Court

PUNEET TANEJA AND ANOTHERversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed as withdrawn with liberty to file afresh.

Summary

The applicants, Puneet Taneja and another, filed an application under Section 528 of the Code of Criminal Procedure (BNSS No. 41095 of 2026) before the Allahabad High Court. They later approached the Court seeking to withdraw the application, stating that certain documents could not be annexed and essential facts could not be pleaded. Counsel for the applicants, Utkarsha Shukla, prayed that the application be dismissed as withdrawn with liberty to file afresh. The Court examined the request and found no impediment to allowing the withdrawal. Accordingly, the Court dismissed the application as withdrawn, granting the applicants liberty to re‑file a fresh application. A certified copy of the impugned order was to be returned to the applicants' counsel after a photostat copy was retained.

Issues considered

  • What is the appropriate procedural course when an application under Section 528 CrPC lacks requisite documents and essential facts?

Legislation cited

Subjects

  • withdrawal of application
  • Section 528 CrPC
  • procedural deficiency
  • liberty to refile
  • high court order

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 41095 of 2026

                                    Puneet Taneja And Another
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State of U.P. and Another
                                                                                                    .....Opposite
                                                                                                          Party(s)

                                    Counsel for Applicant(s)                      :    Utkarsha Shukla
                                    Counsel for Opposite Party(s)                 :    G.A.

                                    Court No. - 83
                                                        HON'BLE CHAWAN PRAKASH, J.

                                    1. Learned Counsel for the applicants Mr. Utkarsh Shukla, 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.)
                                    September 24, 2026
                                    Vijay




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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