Allahabad High Court
HARSHVARDHAN SINGH AWANAversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- NAND PRABHA SHUKLA
Holding
The court held that the application under section 528 B.N.S.S. may be dismissed as withdrawn, granting the applicant liberty to file a fresh application.
Summary
Harshvardhan Singh Awana filed an application under section 528 of the B.N.S.S. before the Allahabad High Court. The applicant's counsel sought to withdraw the application, requesting liberty to file a fresh petition with more detailed particulars. The court considered the request and found no impediment to allowing the withdrawal. Accordingly, the court dismissed the application as withdrawn, granting the applicant permission to re‑file if desired. The certified copy of the impugned judgment was ordered to be returned to the applicant's counsel, with a photocopy retained on record.
Issues considered
- Whether an application under section 528 B.N.S.S. may be withdrawn with liberty to file a fresh application
Legislation cited
- B.N.S.S. — s. 528
Subjects
- withdrawal of application
- section 528
- B.N.S.S.
- procedural law
- civil procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 7553 of 2026
Harshvardhan Singh Awana
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Balbir Singh, Shivam Dwivedi
Counsel for Opposite Party(s) : G.A., Shubhranshu Pandey
Court No. - 78
HON'BLE NAND PRABHA SHUKLA, J.
1. At the very outset, learned counsel for the applicant submits that he
wants to withdraw the instant application with liberty to file afresh with
better particulars and pleadings. Therefore, the same may be dismissed as
withdrawn.
2. The instant application under section 528 B.N.S.S. is, accordingly,
dismissed as withdrawn with liberty as aforesaid.
3. Certified copy of the impugned judgment and order shall be returned to
the learned counsel for the applicant after retaining a photo copy of the
same to be kept on record.
(Nand Prabha Shukla,J.)
May 5, 2026
Puspendra
Digitally signed by :-
PUSPENDRA NARAYAN SINGH
High Court of Judicature at Allahabad
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