Allahabad High Court

KAILASH GIRIversusSTATE OF U.P. AND OTHERS

Decided: 6 May 2026
Bench: KRISHNA SWAROOP DHAR DWIVEDI SENIOR REGISTRAR CONF

Holding

The Court held that an applicant may withdraw a pending application under Section 482 CrPC and accordingly dismissed the application as withdrawn.

Summary

The applicant, Kailash Giri, filed an application before the Allahabad High Court under Section 482 of the Criminal Procedure Code. Subsequently, the applicant expressed a desire not to pursue the application and sought its withdrawal. The learned counsel for the applicant submitted a request to withdraw the pending application. The Court examined whether a pending application under Section 482 could be withdrawn at the applicant's request. Finding no legal impediment, the Court allowed the withdrawal and dismissed the application as withdrawn. Any interim orders that had been granted in the meantime were vacated.

Issues considered

Whether an application filed under Section 482 CrPC may be withdrawn by the applicant before a final order is passed

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Section 482
withdrawal of application
High Court
Criminal Procedure Code
procedural law

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 482 No. - 11169 of 2011

                                    Kailash Giri
                                                                                               .....Applicant(s)
                                                                        Versus

                                    State Of U.P. And Others
                                                                                                   .....Opposite
                                                                                                         Party(s)

                                    Counsel for Applicant(s)      : Afshan Shafaut, Mohammad Mustafa,
                                                                    Paritosh Kr. Malviya, Vijay Prakash
                                                                    Chaturvedi
                                    Counsel for Opposite Party(s) : Govt.Advocate

                                    Court No. - 53
                                                          HON'BLE SANDEEP JAIN, J.

                                    Order on Criminal Misc. Withdrawal Application No.13 of 2026

                                    Learned counsel for the applicant submits that he does not want to press the
                                    present application under Section 482 Cr.P.C.

                                    In view of the above, the application for withdrawal of the instant
                                    application under Section 482 Cr.P.C. is allowed, and the same is dismissed
                                    as withdrawn.

                                    Any interim order, if granted, stands vacated.



                                                                                             (Sandeep Jain,J.)
                                    May 7, 2026
                                    Mayank




Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad

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