Allahabad High Court
KASIMversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application is dismissed as withdrawn.
Summary
The applicant, Kasim, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. During the hearing, counsel for the applicant expressed that the applicant no longer wished to pursue the application and sought to withdraw it. The court considered the request and, noting the applicant's clear intention to discontinue the proceedings, dismissed the application as withdrawn. No substantive merits of the application were examined, as the withdrawal precluded any further adjudication. The court ordered that a certified copy of the order be returned to the applicant's counsel after retaining a xerox copy upon payment of standard charges.
Issues considered
- Whether an application filed under Section 528 CrPC can be withdrawn at the applicant's request without further adjudication
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Criminal Procedure
- Section 528
- withdrawal of application
- high court
- bail
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 41693 of 2026
Kasim
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sunil Kumar Tiwari
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1.Learned counsel for the applicant states that he does not want to press this
application and, therefore, it may be dismissed as withdrawn with liberty to
file fresh case.
2. In view of aforesaid, the present application is dismissed as withdrawn,
as aforesaid.
3. Certified copy of the order be returned to learned counsel for the
applicants after retaining xerox of the same on payment of usual charges.
(Deepak Verma,J.)
September 29, 2026
T.S.
Digitally signed by :-
TRIBHUWAN SINGH
High Court of Judicature at Allahabad
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