Allahabad High Court
NEERAJ AGARWALversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application is dismissed as withdrawn, with liberty to the applicant to avail the appropriate remedy.
Summary
Neeraj Agarwal filed an application under Section 528 of the Criminal Procedure Code seeking relief, but the Attorney General objected that the applicant’s earlier complaint had already been dismissed on 23 September 2025 and the second opposite party had been acquitted, making an appeal against the acquittal maintainable. The Court allowed the applicant’s counsel to withdraw the present application, granting liberty to pursue the appropriate legal remedy. Consequently, the Court dismissed the application as withdrawn. A certified copy of the order was to be returned to the applicant’s counsel after retaining a xerox. The judgment reflects procedural compliance without addressing substantive merits.
Issues considered
- Whether the application under Section 528 can proceed after the complaint has been dismissed and an acquittal pronounced.
- Whether an appeal against the acquittal is maintainable and thus the appropriate remedy.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
Subjects
- Section 528
- withdrawal of application
- acquittal
- appeal maintainability
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 8201 of 2026
Neeraj Agarwal
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Mishra, Shashank Mishra
Counsel for Opposite Party(s) : G.A.
Court No. - 73
HON'BLE DEEPAK VERMA, J.
1. Learned A.G.A. has raised an objection stating that, by order dated
23.09.2025, the complaint of the applicant has been dismissed and
accused–opposite party no. 2 has been acquitted. It is further submitted
that an appeal against the order of acquittal is maintainable.
2. In view of the above, learned counsel for the applicant is permitted to
withdraw the present application with liberty to avail the appropriate
remedy available in law.
3. Accordingly, the application is dismissed as withdrawn with liberty as
prayed.
4. Certified copy of the order may be returned to the learned counsel for
the applicant after retaining a xerox thereof.
(Deepak Verma,J.)
March 19, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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