Allahabad High Court
SONI KUMARIversusSTATE OF U.P. AND 5 OTHERS
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The Court dismissed the application as withdrawn, granting the applicant liberty to file a fresh petition.
Summary
The applicant, Soni Kumari, filed an application under Section 528 of the Criminal Procedure Code (BNSS No. 44796 of 2025) before the Allahabad High Court. The opposite parties raised a preliminary objection that an appeal under Section 14-A had already been filed against the impugned order. The applicant sought to withdraw the present application and requested liberty to file a fresh petition. The Court accepted the request, dismissed the application as withdrawn, and granted liberty to file a fresh petition. The certified copy of the impugned judgment was to be returned to the applicant’s counsel after retaining a photocopy for the record.
Issues considered
- Whether the application under Section 528 can be withdrawn with liberty to file a fresh petition in view of a pending appeal under Section 14-A
Legislation cited
- Code of Criminal Procedure, 1973 — s. 14-A, 528
Subjects
- withdrawal of application
- Section 528 CrPC
- Section 14-A CrPC
- procedural law
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 44796 of 2025
Soni Kumari
.....Applicant(s)
Versus
State Of U.P. And 5 Others
.....Opposite
Party(s)
Counsel for Applicant(s) : Satya Prakash Shukla
Counsel for Opposite Party(s) : Bindu Kumari, Dinesh Kumar, G.A.,
Janardan Yadav
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. Heard Mr. Shivam Tiwari, holding brief of Mr. Satya Prakash Shukla,
learned counsel for the applicant, Mr. Janardan Yadav, learned counsel for
the opposite party Nos. 2 to 6, learned A.G.A. for the State and perused the
record.
2. Learned counsel for the opposite party Nos. 2 to 6 has raised a preliminary
objection that an appeal under Section 14-A has been preferred against the
order impugned.
3. Considering the aforesaid fact, applicants wants to withdraw the instant
application with liberty to file fresh petition as provided under law.
Therefore, the same may be dismissed as withdrawn.
4. The instant application is, accordingly, dismissed as withdrawn with
liberty as aforesaid.
5. Certified copy of the impugned judgment and order shall be returned to
the learned counsel for the applicants after retaining a photocopy of the same
to be kept on record.
May 6, 2026
Shivani Sri.
(Nand Prabha Shukla,J.)
Digitally signed by :-
SHIVANI SRIVASTAVA
High Court of Judicature at Allahabad
Checking your session…