Allahabad High Court
RAM LAL JAYANversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- SAMIT GOPAL
Holding
The application under Section 528 BNSS is dismissed as withdrawn.
Summary
Ram Lal Jayan filed an application under Section 528 of the BNSS seeking a further investigation, transfer of the investigation, and a supplementary charge sheet in a criminal case pending before the Special Judge. The applicant alleged that without these orders he would suffer irreparable loss. During the hearing, counsel for the applicant indicated that the application should be withdrawn as he intended to pursue other legal remedies. The Court entertained the request to withdraw, allowed the prayer, and dismissed the application as withdrawn. No substantive merits of the investigation request were considered.
Issues considered
- What is the appropriate disposition of an application under Section 528 BNSS when the applicant seeks to withdraw it?
Legislation cited
Subjects
- investigation
- charge sheet
- withdrawal of application
- criminal procedure
- Section 528
- BNSS
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41098 of 2026
Ram Lal Jayan
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Mahadeo Singh Chandel
Counsel for Opposite Party(s) : G.A.
Court No. - 76
HON'BLE SAMIT GOPAL, J.
1. List revised.
2. Heard Sri Gagan Pratap Singh, Advocate holding brief of Sri Mahadeo
Singh Chandel, learned counsel for the applicant, Sri Ajay Singh, learned
AGA-I for the State and perused the record.
3. The present application under Sections 528 BNSS has been filed by the
applicant Ram Lal Jayan with the following prayers:
"It is, therefore, Most Respectfully prayed that this Hon'ble Court may
graciously be pleased to allow this application and issue an order or
direction to the respondents authority / investigating agency to conduct
further investigation or transfer the investigation to other agency in
respect of case crime no. 17 of 2025 under section 109(1) 333, 352 and
351(2) BNS and 3 (2) (V) SC./S.T. Act and section 3/25 Arms Act police
station Bisanda, District Banda. Pending before the Learned Special
Judge (S.C./ST.) Act ADJ Banda and to submit a supplementary charge
sheet, under section 193(9) BNSS. Otherwise the applicant shall
irreparable loss and injury. And/or pass such other and further orders as
this Hon'ble Court may deem fit and proper in fact and circumstances of
the case."
4. Learned counsel for the applicant states that the present application be
dismissed as withdrawn as he intends to seek appropriate remedy
available to him under law.
5. Prayer is allowed.
6. The present application is dismissed as withdrawn.
September 24, 2026
M. ARIF
(Samit Gopal,J.)
Digitally signed by :-
MOHAMMAD ARIF
High Court of Judicature at Allahabad
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