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Allahabad High Court

UDAL SINGH AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court dismissed the application as withdrawn, granting the applicants liberty to file a fresh application.

Summary

The applicants filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. During the hearing, Ms. Priti Pandey, counsel for the applicants, expressed that the applicants no longer wished to pursue the application and requested its withdrawal. The court considered the counsel's statement and the applicants' desire to discontinue the proceedings. It held that the application could be dismissed as withdrawn, granting the applicants liberty to file a fresh application if they so desire. The court also directed the return of the original documents to the applicants' counsel while retaining a photocopy on record.

Issues considered

  • Whether an application under Section 528 can be dismissed as withdrawn upon the applicant's request
  • Whether the court may grant liberty to file a fresh application after dismissal

Legislation cited

Subjects

  • withdrawal of application
  • Section 528
  • Criminal Procedure
  • High Court
  • procedural law

Judgment

                                               HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 42605 of 2025

                                    Udal Singh And 4 Others
                                                                                                           .....Applicant(s)
                                                                             Versus

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

                                    Counsel for Applicant(s)      : Nitin Srivastava
                                    Counsel for Opposite Party(s) : Ambleshwar Pandey, Anuj Srivastava,
                                                                    Ashutosh Kumar Pal, G.A.

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

                                    1. Ms. Priti Pandey, Advocate holding brief of Sri Nitin Srivastava, learned counsel
                                    for the applicants states that she does not want to press this application and it may be
                                    dismissed as withdrawn with liberty to file a fresh application.


                                    2. In view of the above statement, this application is dismissed as
                                    withdrawn with the aforesaid liberty.

                                    3. Office is directed to return the original documents to the learned
                                    counsel for the applicants after retaining the photostat copy of the same
                                    on record.



                                                                                                   (Chawan Prakash,J.)
                                    September 17, 2026
                                    Rmk.




Digitally signed by :-
RAM MURTI KUSHWAHA
High Court of Judicature at Allahabad


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