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Allahabad High Court

GEETA DEVI AND 8 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The Court held that an application under Section 528 may be withdrawn with the consent of the opposite party, and dismissed the application as withdrawn.

Summary

The applicants, Geeta Devi and others, filed an application under Section 528 of the Code of Criminal Procedure before the Allahabad High Court. Subsequently, they discovered a clerical mistake in the application and sought to withdraw it, requesting liberty to file a fresh application with correct particulars. The State, represented by the Additional Government Advocate, raised no objection to the withdrawal. The Court, after noting the consent of the opposite party, dismissed the pending application as withdrawn and granted liberty to file a fresh one. Certified copies of the documents were ordered to be returned to the applicants' counsel.

Issues considered

  • Whether an application filed under Section 528 CrPC may be withdrawn at the instance of the applicant with the consent of the opposite party.

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 528
  • withdrawal of application
  • procedural law
  • high court

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                               APPLICATION U/S 528 BNSS No. - 9718 of 2026

                                    Geeta Devi And 8 Others
                                                                                                .....Applicant(s)
                                                                      Versus
                                    State of U.P. and Another
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)                   :   Abhishek Srivastava
                                    Counsel for Opposite Party(s)              :   G.A.

                                    Court No. - 83
                                                         HON'BLE SANJIV KUMAR, J.

                                    1. Shri Abhishek Srivastava, learned Counsel for the applicants and learned
                                    A.G.A on behalf of the State are present.

                                    2. Learned Counsel for the applicants has prayed that due to some clerical
                                    mistake he does not want to press this application and wants to withdraw it,
                                    with the liberty to file fresh with better particulars and details.

                                    4. Learned AGA has no objection to the aforesaid prayer made by learned
                                    counsel for the applicants.

                                    5. In view of the above, the instant application is dismissed as withdrawn,
                                    with liberty to file fresh.

                                    6. Certified copies of the documents be returned to learned Counsel for the
                                    applicants, as per rules.

                                    May 8, 2026
                                    AdityaG
                                                                                            (Sanjiv Kumar,J.)




Digitally signed by :-
ADITYA GAUTAM
High Court of Judicature at Allahabad


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