Allahabad High Court
DINESH AND 9 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The Court held that the withdrawal of the Section 482 application is permissible and dismissed the application as withdrawn.
Summary
The accused-applicants filed an application under Section 482 of the Criminal Procedure Code seeking a quash of proceedings. During the pendency of that application, three of the accused (Hemraj, Sher Singh and Malkhan) died. The counsel for the applicants thereafter moved a withdrawal application, stating that the remaining applicants no longer wished to pursue the Section 482 petition. The High Court examined the counsel's statement and the circumstances of the deaths and found no legal impediment to permitting a withdrawal. Accordingly, the Court allowed the withdrawal, dismissed the original Section 482 application as withdrawn, and vacated any interim orders that may have been in force.
Issues considered
- Whether an application under Section 482 Cr.P.C. may be withdrawn by the applicants after the death of some accused persons.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482
- withdrawal of application
- quash of criminal proceedings
- death of accused
- High Court of Allahabad
- procedural law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 34296 of 2013
Dinesh And 9 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Abhishek Tiwari, Gaurav Kakkar, Manoj
Kumar Singh
Counsel for Opposite Party(s) : Bhuvnesh Kumar Singh, Brij Kumar Saroj,
Govt. Advocate, Sudhir Bharti
Court No. - 73
HON'BLE SANDEEP JAIN, J.
Criminal Misc. Withdrawal Application No.8 of 2026
1. An application seeking withdrawal of the instant application under Section
482 Cr.P.C. has been filed on behalf of the accused-applicants, stating therein
that the accused-applicants do not wish to press the instant application and
may be permitted to withdraw the same.
2. Learned counsel for the accused-applicants submits that accused-
applicants Nos. 6, 9 and 10, namely, Hemraj, Sher Singh and Malkhan,
respectively, have died during the pendency of the instant application.
3. Learned counsel for the accused-applicants further submits that, in view of
the circumstances stated in the withdrawal application, he does not wish to
press the instant application under Section 482 Cr.P.C. and seeks permission
to withdraw the same. The withdrawal application is taken on record.
4. In view of the statement made by learned counsel for the accused-
applicants and the averments made in the withdrawal application, the prayer
for withdrawal is allowed. Accordingly, the withdrawal application is allowed
and the instant application under Section 482 Cr.P.C. is dismissed as
withdrawn.
5. Consequently, the instant Application under Section 482 No. 34296 of 2013
stands dismissed as withdrawn. The interim order, if any, stands vacated.
September 24, 2026
Mayank
(Sandeep Jain,J.)
Digitally signed by :-
MAYANK KUMAR SHARMA
High Court of Judicature at Allahabad
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