Created by Fuzzy Cloud

Allahabad High Court

NEERAJ AGARWALversusSTATE OF U.P. AND ANOTHER

Decided

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The application is dismissed as withdrawn, with liberty to the applicant to avail the appropriate remedy.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 Consequently, the Court dismissed the application as withdrawn.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

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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.