Allahabad High Court
RAJAN SINGH ALIAS JITENDRA SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- AVNISH SAXENA
Holding
The court allowed the withdrawal of the Section 528 application, dismissing it as withdrawn.
Summary
The applicant, Rajan Singh alias Jitendra Singh, filed an application under Section 528 of the Code of Criminal Procedure seeking a discharge. The applicant's counsel, Prateek Srivastava, later moved the court to withdraw the application while reserving the right to file a fresh discharge application. The court considered the request and found no impediment to allowing the withdrawal. Accordingly, the application was dismissed as withdrawn, as prayed. The court ordered that certified copies of the relevant documents be returned to the applicant's counsel after retaining a photocopy. The judgment was delivered on March 24, 2026, by Justice Avnish Saxena.
Issues considered
- What is the appropriate procedure for withdrawing an application filed under Section 528 of the CrPC?
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- withdrawal of application
- Section 528 CrPC
- discharge application
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 46658 of 2025
Rajan Singh Alias Jitendra Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Prateek Srivastava
Counsel for Opposite Party(s) : G.A.
Court No. - 79
HON'BLE AVNISH SAXENA, J.
1. Sri Prateek Srivastava, learned counsel for for the applicant seeks to
withdraw the application with liberty to move discharge application.
2. The application is dismissed as withdrawn as prayed.
3. Certified copies of the relevant documents be returned to learned
counsel for the applicant after retaining a photocopy of the same.
(Avnish Saxena,J.)
March 24, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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